Compilation of school laws of the state of New Mexico, 1919

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COMPILATION OF NEW MEXICO

SCHOOL LAWS

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OF TT«H

J. H. WAGNER

Superintendent of Putlic Instruction
Santa Fe, New Mexico

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Compilation of

SCHOOL LAWS

of tke

STATE of NEW MEXICO

1919

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JONATHAN H. WAGNER

State Superintendent of Public Instruction

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Compilation by
IRA L. GRIMSHAW

^Ufy" *r Copyright, 1919,

VJ By New Mexico State Department of Education.

PRESS OF

Central printinq Company

ALBUQUERQUE. N. M.

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Xopical Chart Diagraming Contents of v olume

1. STATE DEPARTMENT OP EDUCATION. Page

1. State Board 7-9

2. State Superintendent ••.... 9-12

3. Assistant Superintendent 12

4. Vocational and Industrial Education 12-14

5. Child Welfare Service • • 14

2. STATE EDUCATIONAL INSTITUTIONS.

1. Provisions Common to More than One 15-17

2. Provisions Common to University and Agricultural College 17-19

3. University of New Mexico^ * 19-21

4. Agricultural College 21-25

5. School of Mines • • 25-27

6. Military Institute 27-29

7. Normal Schools- • 29-31

8. Deaf and Dumb Asylum 31-33

9. Institute for the Blind ♦ 33

3. RURAL SCHOOLS AND DISTRICTS.

1. County Boards of Education 34-38

2. County School Superintendents 38-40

3. School Directors 40-41

4. County High Schools • • 42-43

5. Houses and Bonds 43-46

4. MUNICIPAL SCHOOLS AND DISTRICTS.

1. Provisions Common to Cities, towns and Villages 47-48

2. Cities 49

3. Cities and Towns. . . • • 49-51

4. Towns and Villages 51-52

5. SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS,

1. Property 53-55

2. Taxation 55-57

3. Funds . • 57-62

4. Miscellaneous • • 62-65

6. TEACHERS.

1. Qualifications and Compensation. . . . • • 66-68

2. Institutes • • 68-69

3. Student Teachers 69-71

7. SCHOOL ATTENDANCE.

1. Right of-. 72

2. Compulsory 72-75

8. NIGHT AND CORRESPONDENCE SCHOOLS.

1. ^ight- 76

2. Correspondence Schools 76-77

9. HOLIDAYS AND SPECIAL DAYS 78

10. SPANISH LANGUAGE 70

' A t\ n cr f

CHAPTER 1.

STATE DEPARTMENT OF EDUCATION

Art. 1. State Board of Education. (Pages 7-9).

Art. 2. State Superintendent of Public Instruction. (Pages 9-12).

Art. 3. Assistant Superintendent of Public Instruction. (Page 12).

Art. 4. Vocational and Industrial Education. (Pages 12-14).

Art. 5. Child Welfare Service. (Page 14).

STATE BOARD OF EDUCATION.
(ARTICLE I.)

( 1 ) Creation.

( 2 ) Appointment; terms.

( 3 ) Meetings; Pres. pro tem.

( 4 ) Compensation.

( 5 ) Appropriations.

( 6 ) Powers, general.

( 7 ) Teachers' certificates.

( 8 ) Teachers' certificates.

( 9 ) Repeal.

(10) Teachers' certificates.

(11) Text books.

(12) Business colleges.

(13) Domestic science and manual training

(1) Constitutional creation.

A State Board of Education is hereby created, to consist of seven members. It shall
have the control, management 'and direction of all public schools, under such regulations
as may be provided by law. The Governor and the State Superintendent of Public In-
struction shall be ex-officio members of said board and the remaining five members shall
be appointed by the Governor, by and with the consent of the Senate; and shall include
the head of some State educational institution, a county superintendent of schools, and
one other person actually connected with educational work. The Legislature may provide
for district or other school officers, subordinate to said board.

(Sec. 6, Art. 12, State Constitution.)

(2) Appointment, terms.

That Section 4808, Code 1915, be and it hereby is amended so as to read as follows:
That from and after January 1st, 1921, three members of the State Board of Education
shall be appointed by the Governor, by and with the advice and consent of the Senate,
for a term of four years and two for a term of two years and until their successoral are
appointed and qualified, and thereafter every two years the Governor shall appoint two
or three members to said board as the case may be, to hold office for a term of four years
and until their successors are appointed and qualified.

(Sec. 44, C. 105, L. 1917.)

(3) Meetings, Pres. pro tem.

Sec. 2. That said board shall meet at the oflEice of the Superintendent of Public In-
struction four times per year, at such times as it may elect, and upon call of the Governor,
or a majority of its members at such other times as the business of the board may require.
The Governor shall be president of said board but in his absence some other member of
the board may be chosen as president pro tempore.

(C. 82, L. 1915.)

(4) Compensation.

Sec. 3. That the appointive members of said board shall receive five cents per mile
for each mile actually and necessarily traveled by them from and to their respective place
of residence for the purpose of attending each meeting of the board, and five dollars per
day for each day of actual and necessary attendance upon such meetings, and upon the
filing with the Stat§ Auditor of verified accounts therefor, same shall be paid out of the
interest on deposits fund upon warrants drawn by said State Auditor upon the State
Treasurer.

(C. 82, L. 1915.)

(5) Appropriations.

Eighth and ninth fiscal years.
Per diem and traveling expenses $1,000

(S. B. 75, L. 1919.)

8 ' c . SCHOOL ATTENDANCE

(6) § 4809. General Powers.

Sec. 3. The State Board of Education shall have power to grant, renew and revoke
teachers' certificates, to adopt a series of text books and a uniform course of study for the
various public schools of the State, to exercise a general control over teachers' institutes,
and to perforin such other duties pertaining to matters of education as may be provided
by law.

(L. 1907, C. 97. §2.)

(7) State Elementary Teachers' Certificates.

The State Board of Education is hereby empowered to issue three grades of elementary
teachers' certificates, to be known as first grade, second grade and third grade, respectively.
The certificates shall be issued by said Board of Education upon examination in such
subjects as it may elect, or upon the applicants presenting grades in the subjects as re-
quired by said board from any of the educational institutions of the state. The said
examination shall be held at such times, at such places, and. in such manner as said board
deems most expedient. The examination for elementary teachers' certificates shall be
conducted by the county superintendent under such rules and regulations as such Board
of Education may prescribe. Upon the close of the examination the county superintend-
ent shall forward the papers of the applicant to the superintendent of public instruction,
who shall grade them, or cause them to be graded. The superintendent of public instruc-
tion is hereby authorized to employ such person or persons to assist him in grading the
papers of applicants as he may judge competent. To pay the service of such person or
persons twelve hundred ($1200.00) dollars is hereby set aside annually, or so much thereof
as is necessary, out of any funds not otherwise appropriated. The State Auditor shall
pay such persons for their services upon presenting receipted bills approved by the Super-
intendent of Public Instruction. Holders of elementary certificates shall be entitled to
teach in any school district, independent district, incorporated town, city or village of the
State. A third grade certificate entitles the holder thereof to teach for one year^ second
grade two years, and the first grade three years, respectively. All certificates shall be void
at the expiration of the term for which they were issued, but such certificates excepting
third grade certificates may be renewed under regulations as the State Board shall adopt.
Teachers in incorpoated towns and villages must secure their certificates in accordance
with the provisions of this act, but boards of education of incorporated cities may issue
teachers' certificates for such period of time and under such regulations as they may
prescribe, but such certificates shall be valid only in the city whose board issues them.

(§1, C. 81, L. 1915.)

(8) State Professional Teachers* Certificates.

The State Board of Education is hereby authorized to issue state teachers' professional
certificates to persons whom it may deem qualified by reason of moral character, academic
scholarship, knowledge of the theory and art of teaching and actual practice in teaching.
Holders of the certificates who possess a certificate of attendance upon some county normal
institute or summer school as herein provided by law, shall be entitled, without further
examination, to teach in any of the public schools of New Mexico for the period of time
designated therein.

The State Board of Education is hereby empowered to officially endorse teachers'
certificates granted in states and other territories, under such rules as it may prescribe;
and to grant certificates of the first, second and third grade to persons who have com-
pleted specified courses, approved by the State Board of Education, in New Mexico State
educational institutions or other schools designated by said board; Provided, That upon
graduation from St. Michael's College, located at Santa Fe, the holder of a diploma from
the full course of study given by said institution shall be entitled to an elementary first
grade certificate, which shall be recognized in all counties of the state as a legal certificate
for the period of time designated therein.

The State Board of Education shall have power to issue special certificates to teachers
of drawing, music, kindergarten or primary subjects^ agriculture, manual training, domestic
science and commercial branches in the common or public graded or high schools of the
state, under such regulations as the State Board of Education may adopt.

(§2, c. 81, L. 1915.)

(9) Repeal.

Sections 3 and 4 of Chapter 97 of the Laws of 1907 ($4810, $4811) and all other acts
and parts of acts in conflict herewith are hereby repealed.

(§3, C. 81, L. 1917.)

(10) § 4814. Bevoking certificates.

Sec. 8. The State Board of Education is hereby empowered to revoke certificates of
conductors and instructors of teachers' institutes. State teachers' professional certificates,

SCHOOLS AND SCHOOL DISTRICTS 9

county teachers' certificates, and city teachers' certificates issued by boards of education,
for incompetency, immorality of the holder, or for any cause that should have withheld
the issue of such certificate; Provided, That in each case the accused shall be allowed a full
and fair hearing at which he may be privileged to employ the services of counsel.

(L. 1907, C, 97, §7.)

(11) § 4816. Text books.

Sec. 10. The State Board of Education shall have, and is hereby vested with full
power to adopt a system of school books for the use of the public schools of the State, and
only the school books so adopted by said Board shall be used in any of the first eight
grades of the public schools of this State. The Board of Education shall have power to
contract with the publisher or publishers of text books adopted for use in the public
schools of New Mexico, in the name of the State and through the Superintendent of Public
Instruction for the purchase and delivery of said books under such regulations as the Board
may adopt.

If the State Board of Education, the Superintendent of Public Instruction, any county
superintendent, or any board of school directors, or board of education in this State shall
knowingly permit, in any of the first eight grades of the public schools of this State, the
use of any text book or books other than such as are adopted by the State Board of Edu-
cation, upon conviction thereof, the person or persons convicted shall be punished by a fine
of not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars; Provided,
That nothing herein contained shall prevent the use of text books, approved by the State
Board of Education or the Superintendent of Public Instruction, supplementary to the
regularly adopted text books.

(L. 1907, C. 97, §9.)

(12) § 4817. Business colleges, powers of board.

Sec. 11. That the State Board of Education be and the same is hereby authorized and
empowered to adopt a standard of efficiency for business colleges and commercial depart-
ments of other schools, to issue certificates of recognition to such schools as meet the
required standard and to issue permits as hereinafter pro.vided.

(L. 1913, C. 77, §1.)

(13) § 4818. Domestic science and manual training.

Sec. 12. That the State Board of Education is hereby empowered to prescribe and
adopt a course of study in industrial education, including domestic science, manual training
and agriculture, and make such necessary rules and regulations for its teaching in the
public schools. In the preparation of the institute manuals for the coming year, the State
Board of Education may include a course of study in industrial education and may require
all teachers attending county institutes and summer normal schools to pass an examination
in one or more of the branches of industrial education.

(L. 1912, C. 52, §1.)

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. ^

(ARTICLE 2.)

( 1 ) Constitutional creation ; terms, residence.

( 2 ) Office; evidence.

( 3 ) Eligibility.

( 4 ) Compensation.

( 5 ) Appropriations.

( 6 ) Appropriations.

( 7 ) General powers and duties.

( 8 ) Secretary State Board.

( 9 ) Rural schools; traveling expenses.

(10) Permits.

(11) School law; Lincoln Day.

(12) School law; compilation.

(13) School law; payment.

(14) School law; distribution.

(15) Annual reports.

(16) Annual reports. ,

(1) Constitutional creation, term, residence.

The executive department shall consist of a Governor, Lieutenant Governor, Secretary
of State, State Auditor, State Treasurer, Attorney General, Superintendent of Public In-
struction and Commissioner of Public Lands, who shall be elected for a term of two years
beginning on the first day of January next after their election. Such officers shall, after
having served two consecutive terms, be ineligible to hold any state office for two years
thereafter.

The officers of the executive department, except the Lieutenant Governor, shall during

10 SCHOOLS AND SCHOOL DISTRICTS

their terms of office, reside and keep the public records, books, papers and seals of office
at the seat of government.

(§1, Art. 5, State Constitution.)

(2) §4828. Office, evidence.

Sec. 22. The office of the superintendent of public instruction shall be at the seat of
government where shall be kept all books and papers pertaining to the business of his
office, and copies of all papers filed. His official acts may be certified by him, and when
so certified to shall be received in the courtsi of, or elsewhere in. New Mexico, as evidence
equally and in like manner as the original papers, and he shall deliver to his successor
within ten days after the expiration of his term, all books, papers, documents and other
property belonging to his office.

(L. 1907, C. 97, §17.)

(3) EUgibility.

(Must be a citizen of U. S., at least thirty years of age, continuously resided in New
Mexico for five years next preceding election and a trained and experienced educator.)

(§3, Art. 5, State Constitution.)

(4) Compensation.

(Superintendent of Public Instruction, $3,000 per annum.)
(§12, Art. 5, State Constitution.)

(5) Appropriations.

For eighth and ninth fiscal years, respectively:

Superintendent $ 3,000

Chief Clerk 1,800

Clerk 1,500

Stenographer . 1,200

Contingent and traveling expenses of Superintendent, Assistant and Indus-
trial Director 11,000

G-rading examination papers 2,400

(S. B. 75, L. 1919.)

(6) Appropriations, deficiencies.
Available for seventh fiscal year.

Grading papers $1,200

Printing and compiling school laws 2,500

Office contingent and traveling expenses of Superintendent and Industrial

Director 1,000

Stenographer 1,000

(S. B. 75, L. 1919.)

(7) § 4822. General powers and duties.

Sec. 16. The Superintendent of Public Instruction shall have general supervision of
public education, and it shall be his duty to visit the State educational institutions and
to meet with governoring boards of said institutions at least once in each year. He shall
have supervision over rural schools, acting through the county superintendents, who shall
be responsible to the Superintendent of Public Instruction for faithful performance of
their duty. He shall have such general supervision over city, town, and village schools
as shall be necessary in harmonizing and systematizing reports, and in securing uniform
operation of the public school system. He is vested with general supervision over the
official records and accounts of any school district, independent district, or those of any
incorporated city, town, or village, and may require correction thereof, when necessary,
personally, or he may delegate this power to the county superintendent. He may suspend
the county superintendent and institute, or cause to be instituted, proceedings in a court
of competent jurisdiction for the purpose of bringing about the removal of said county
superintendent in the manner prescribed by law, wnen he shall be satisfied from sufficient
evidence submitted to him that said county superintendent does not possess the qualifica-
tions required or perform his duties as prescribed by the State Board of Education.

The Superintendent of Public Instruction shall, at the request of any county school
superintendent or other school officer, give his opinion upon a written statement of the
facts on any question of controversy arising out of the interpretation and construction of
school laws and shall keep a record of all such decisions.

Upon giving any such opinion the Superintendent may submit the statement of facts to
the Attorney General for his advice thereon. It shall be the duty of the Attorney Gen-

SCHOOLS AND SCHOOL DISTRICTS 11

eral fortiiwitli to examine sucli statements and suggest the proper decision to be made
upon such facts.

(L 1909, C. 121, §6.)

(8) §4826. Secretary of the State board of education.

Sec. 20. The Superintendent of Public Instruction shall be secretary of the State
Board of Education and shall keep faithful and correct records of its proceedings, which
records shall be kept open at all times for inspection. A copy of said record, certified by
the secretary of the Board, shall in all cases be received as evidence in the courts of,
or elsewhere in. New Mexico.

(L. 1907, C. 97, §15.

(9) § 4823. Visit rural schools, traveling expenses.

Sec. 17. It shall be the duty of the Superintendent of Public Instruction to visit each
county, as often as consistent with the discharge of his other duties, for the purpose of
holding teachers' meetings, advising with county superintendents and school directors, and
awakening an interest in the xjause of education throughout the State. To this end an
annual appropriation of seven hundred ($700.00) dollars, or such a part thereof as may be
required, is made for traveling expenses, payable on presentation of certified vouchers and
warrants drawn by the Auditor upon the State Treasurer. Said traveling expenses may
be incurred by the Assistant Superintendent when acting under the direction of the Su-
perintendent of Public Instruction. Said Superintendent shall file and carefully preserve
in his office the official reports made to him by the county superintendents of the several
counties, heads of the State educational institutions, and by trustees and directors of all
schools of whatever nature within the State.

(L. 1907, C. 97, §12.)

(For traveling expen.ses, see also herein, "Appropriations," page 10.)

(10) § 4812. Temporary permits to teach.

Sec. 6. The Superintendent of Public Instruction is hereby authorized to issue,
pending the regular examination of teachers, permits to teach in the public schools of the
State, to persons whose credentials as to ability and experience in teaching properly certi-
fied to are deemed sufficient to meet the requirements of the law, and such temporary per-
mits shall expire upon the first day of the next succeeding examination of teachers. County
school superintendents shall have like authority in their respective counties, and certifi-
cates so issued by county school superintendents shall be good only in the county where
issued, and shall not be issued twice in succession to the same person, and shall expire at
the next examination of teachers in the said county.

(L. 1907, C. 97, §5.)

(11) §4824. Blanks, school law, Lincoln Day program.

Sec. 18. Said Superintendent shall prescribe and cause to be prepared in English and
Spanish all forms and blanks necessary in carrying out the details of the common school
system, so as to secure its uniform operation throughout the State, and cause the same to
be forwarded to the several county superintendents to be by them distributed to the
several persons entitled to receive the same. He shall cause to be published, as needed, as
many copies of the school laws in force, with such forms, decisions, annotations, regula-
tions, and instructions as he may judge expedient thereto annexed, and shall cause the
same to be forwarded to the county superintendent for distribution. It shall be the duty
of the Superintendent of Public Instruction to prepare a program of patriotic exercises for
the proper observance of Lincoln Day, and to furnish printed copies of the same to the
school directors and boards of education of various districts, cities, towns and villages, at
least four weeks previous to the twelfth day of February in each year; he shall also pre-
pare for the use of the school a printed program providing for a uniform salute to the flag.

(L 1909, C. 121, §7.)

(12) §4829. Compilation of school laws — Biennial.

Sec. 23. That the superintendent of public instruction shall cause to have compiled,
and biennially, shall cause to have printed two thousand copies in English and two
thousand in Spanish, in pamphlet form, of all existing school laws of the State of New
Mexico, and after each Legislature, if any laws shall have been enacted pertaining to
schools he shall, in the first issue of said pamphlets, thereafter, include any school laws
that may have been enacted by any such future legislature. In the. meaning of this section
such pamphlets shall embrace all such school laws in one copy.

(L. 1903, C. 28, §1.)

(13) §4830. Compilation of school laws — Payment.

Sec. 24. The compilation, printing and distribution of the pamphlets referred to in

12 SCHOOLS AND SCHOOL DISTRICTS

the preceding section sliall be paid for from any funds in the hands of the State treasurer
arising from the rental or leasing of the common school lands, and for this purpose the
State auditor is hereby directed and required to draw an order on the State treasurer in
favor of the superintendent of public instruction for a sum not exceeding twelve hundred
and fifty dollars ($1,250.00); Provided, that such printing and binding shall be let to the
lowest responsible bidder.

(L. 1909, C. 121, §2.)

(See also "Appropriations," page 10.)

(14) §4831. Compilation of school laws — Distribution.

Sec. 25. It shall be the duty of the superintendent of public instruction, before the
first day of August of each year, to forward a sufficient number of such pamphlets of
compiled school laws to the county superintendent of schools of the several counties of the
State of New Mexico. It shall be the duty of the county superintendent to place a copy of
said pamphlets in the hands of the chairman of the directors of public schools in each and
every district of said county.

(L. 1903, C. 28, §3.)

(15) Annual reports.

Each officer of the executive department * * * shall keep an account of all moneys
received by him and make reports thereof to the governor under oath, annually, and at such
other times as the governor may require, and shall, at least thirty days preceding each
regular session of the legislature, make a full and complete report to the governor, who
shall transmit the same to the legislature.

(§9, Art. 5, State Constitution.)

(16) § 4825. Annual report.

Sec. 19. The superintendent shall prepare and cause to be published annually a report
of all the common schools, academies, normal schools, colleges, private and sectarian
schools in the state, which report shall indicate the number and sex of all persons enrolled
in the several schools; the value of the school property, and such other facts as he may
deem expedient; the same to be drawn from the reports of the county superintendents and
from the reports of school boards, boards of regents, and boards of trustees of the several
institutions.

(L. 1907, C. 97, §14.)

ASSISTANT SUPERINTENDENT OF PUBLIC INSTRUCTION.
(ARTICLE 3.)

(1) Appointment; qualifications, salary.

(2) Appropriation.

(3) Appropriation.

(1) § 4827. Assistant) superintendent salary.

Sec. 21. The superintendent of public instruction is empowered to appoint an
assistant superintendent of public instruction, who shall be thoroughly conversant with
the Spanish and English languages, and to revoke such appointment at his discretion, and
such assistant shall'take the oath of office as provided by law, which, with his appointment,
shall be filed with the Secretary of State. Said assistant shall receive a salary not to
exceed fifteen hundred ($1500.00) dollars per annum, payable in like manner as is provided
for the payment of the salary of the superintendent of public instruction.

(L. 1907, C. 97, 816.)

(2) Appropriations.

Eighth and Ninth Fiscal years, $2,250.00 each year.

(S. B. 75, L. 1919.)

(3) — Appropriations.

Deficiency available for 7th fiscal year. iSaJary $160.00.
(S. B. 75. L. 1919.)

VOCATIONAL AND INDUSTRIAL EDUCATION.
(ARTICLE 4.)

(1) Director Industrial Education; appointment, duties.

(2) Director; compensation.

(3) Director; appropriation.

(4) Director; traveling e.xpen8eB.

(5) Acceptance Congressional Act. Vocational education.'

(6") State Board, cooperation. *

(7) Funds; administration.

(8) Appropriations. ^ .,

(9) Levy of taxes.

SCHOOLS AND SCHOOL DISTRICTS 13

(1) § 4819. State director of industrial education — Appointment — Duties.

Sec. 13. That the State Superintendent of Public Instruction is hereby empowered
and directed to appoint a State Director of Industrial Education, who shall be proficient
in the several branches of such education, and who shall, under the direction and supervision
of the State Superintendent, have the general charge of the introduction and keeping of
industrial education in such of its branches and in such of the public schools of the state
as shall be deemed advisable by the State Superintendent and the said Director of Industrial
Education, and the said Director shall perform such other duties as may be prescribed by
the State Superintendent.

(Act of June 10, 1912; L. 1912, C. 52, §2.)

(2) § 4820. State director of industrial education — Compensation.

Sec. 14. That said Director of Industrial Education shall receive an annual salary of
one thousand dollars, payable in like manner as is provided for the payment of the salary
of the State Superintendent of Public Instruction, and shall further receive as a part of
the salary of said office the sum of thirty dollars from all counties of class "A,'' the
sum of twenty-five dollars from all counties of class "B'' and the sum of twenty dollars
from all counties of class ''C, " ''D'' and "E," said above sums to be set apart by each
of the county treasurers in? like manner as county institute funds are now provided to be
set aside and under like co^4itions; provided, the said county sums are only to be paid
said State Director of Industrial Education by said County Treasurer, upon said Director's
visiting and instructing in the various counties in industrial education.

(Act of June 10, 1912; |kA.*J^*l2, C. 52, §3.)

(3) Salary 8tli and 9tli fisc*al years.

$2000.00, one thousand dollars thereof to be raised by the levy of a tax.
(S. B. 75, L. 1919.)

(4) § 4821. State director of industrial education — Traveling expenses.

Sec. 15. That, to the end that said Director of Industrial Education may visit the
public schools so far as possible, make investigation of school conditions and report same
to the State Superintendent of Public Instruction, together with recommendations as to
the introduction and teaching of industrial education, an annual appropriation of Six
Hundred Dollars, or such part thereof as may be required, is hereby made for traveling
expenses in visiting schools and supervising the introduction and teaching of industrial
education in said schools payable upon presentation of certified vouchers, duly approved
by the State Superintendent of ^Public Instruction, and warrants drawn by the State
Auditor upon the State Treasurer.

(For traveling expenses and deficiencies therefor for 7th, 8th and 9th fiscal years see "Supt. of
Public Instruction," page 10.)

(5) Acceptance Congressrtoiiai Acts.

Sec. 1. That the State of New Mexico does hereby accept the benefits of an act
passed by the Senate and House of Eepresentatives of the United States of America in
Congress assembled entitled ''An Act to provide for the promotion of vocational education;
to provide for co-operation with the states in the promotion of such education in agriculture
and the trades and industries; to provide for co-operation with the states in the preparation
of teachers of vocational subjects; and to appropriate money and x*egulate its expenditure,"
approved February 23, 1917, and will observe and comply with all the requirements of
said act.

(C. 2, Ex. Sess., 1917.)

(6) Grant of power.

Sec. 2. That the State Board of Education is hereby designated as the State Board
for the purposes of the said act and is hereby given all necessary powers to co-operate
with the Federal Board of Vocational Education in the administration of the provisions
of the act.

(C. 2, Ex. Sess., 1917.)

(7) Funds, Administration

Sec. 3. The State Treasurer shall receive and be custodian of all funds appropriated
by the United States Government to the State of New Mexico for the purposes of the above
mentioned act and shall pay out the same on the order of the auditor who shall have the
authority of the State Board of Education for the drawing of any warrants on this fund,
provided that all such payments must be in harmony with the purposes of the said act, and
that the State Board of Education shall file with the State Auditor copies of all vouchers
covering the expenditure of such funds.

(C. 2, Ex. Sess., 1917.)

.0m

14 SCHOOLS AND SCHOOL DISTRICTS

(8) Appropriations.

Sec. 4. That there is hereby appropriated the sum of Fifteen Thousand Dollars
($15,000.00) for each the Sixth and Seventh fiscal years of the State of Notv Mexico;
which sum is to be used and expended and paid out In the same manner as is provided in
Section 3 of this Act for the payment of moneys appropriated by the United States.

(C. 2, Ex. Sess., 1917.)

(9) Levy.

Sec. 5. That the State Auditor is hereby directed to levy a tax on all of the taxable
property in the State of New Mexico for the Sixth and Seventh fiscal years sufficient to
produce an amount equal to that which is hereby appropriated.

(C. 2, Ex. Sess., 1917.)

CHILD WELFARE SERVICE.
(ARTICLE 5.)

( 1 ) Creation : control.

( 2 ) Board; compensation.

( 3 ) Director; compensation.

( 4 ) Appropriation.

(1) Creation — Control

Sec. 1. That the organization known as the Child "Welfare Service heretofore operating
under the State Council of Defense is hereby established as a permanent Child Welfare
Service for the State of New Mexico and placed under the administration of the Depart-
ment of Education.

(H. B. 227, L. 1919.)

(2) Board — Appointment, Compensation.

Sec. 2. There is hereby established a Child Welfare Board of seven citizens of New
Mexico, one of whom shall be ex-officio the State Superintendent of Public Instruction;
the other six members to be appointed by the Governor, by and with the advice and
consent of the Senate. The terms of office of said members shall be six years, the initial
appointments providing two members for two years, two for four and two for six years.
Said board shall serve without pay, except necessary traveling expenses in attending
meetings.

(H. B. 227, L. 1919.)

(3) Director — Compensation, Powers.

Sec. 3. The Child Welfare Board shall employ a Director of Child Welfare, whose
office shall be with the Department of Education and whose salary^ office and traveling
expenses shall be paid through the Department of Education out of funds to be provided
for the Child Welfare Service in the general appropriation act. Said board is authorized
to accept such operative aid as may be provided by the government of the United States
and to co-operate in its activities with the Federal government, as well as the State Board
of Health and voluntary organizations in all matters touching the betterment of the
children of the state.

(H. B. 227, L. 1919.)

(Three foregoing sections are effective June 13, 1919.)

(4) Appropriation.

For seventh fiscal year $4,000.00

For eighth fiscal year 6,000.00

For ninth fiscal year ; 6,000,00

(Appropriation is for salary and office contingent an^l traveling expenses.)

(S. B. 75. Laws 1919.)

CHAPTER 2.

STATE EDUCATIONAL INSTITUTIONS

(See page 15 for proposed constitutional amendment concerning management.)

Art. 1. Provisions common to more than one institution. (Pages 15-17.)

Art. 2. Provisions common to University, Agricultural College and Insane Asylum. (Pages 17-19.)

Art. 3. University of New Mexico. (Pages 19-21.)

Art. 4. College of Agricultural and Mechanic Arts. (Pages 24-25.)

Art. 5. School of Mines. (Pages 25-27.)

Art. 6. Military Institute. (Pages 27-29.)

Art. 7. Normal Schools: (Pages 29-31.)

(a) Normal University and Normal School. (Pages 29 31.)

(b) Spanish-American Normal School. (Page 31.)
Art. 8. Deaf and Dumb Asylum. (Pages 31-33.)

Art. 9. Institute for the Blind. (Page 33.)

PROVISIONS COMMON TO MORE THAN ONE INSTITUTION.
(ARTICLE 1.)

( 1 ) Management, proposed constitutional amendment.

( 2 ) Eminent domain.

( 3 ) Lands, sale or lease; funds.

( 4 ) Lands, sale or lease; funds. '

( 5 ) Accounts, expenditures, warrants, etc.

( 6 ) Requisitions.

( 7 ) Financial statement.

( 8 ) Expenditures, limitation.

( 9 ) Food and clothing; contracts.

(10) Appropriation; excess.

(11) Court; grand jury instruction.

(12) Admission, requirements.

(13) Officers; removal.

(14) Tuition.

(1) Management — Proposed constitutional amendment.

Sec. 1. That Section 3 of Article XIV of the Constitution of the State of New
Mexico be amended so that said section shall read as follows:

*'Sec. 3. There is hereby created a Board of Control consisting of four (4) members
to be appointed by the Governor, each for a term of two years and at a salary of $3,000
per annum, and not more than two of whom shall belong to the same political party at the
time of their appointment. Such Board of Control shall have the management and control
of all state educational institutions enumerated in Section 11 of Article XII of the Con-
stitution and of all State institutions enumerated in Section 1, of Article XIV of this con-
gtitution and of all State, educational, charitable, penal or reformatory institutions (other
than the public schools) heretofore or hereafter established. This provision shall become
effective on and after January 1st, 1921. The Legislature shall prescribe the powers and
duties of such Board of Control and until such provision is made such Board of Control
shall have, with respect to each of said institutions, the powers and duties now vested in
the Boards of Regents or Boards of said institutions."

Sec. 2. That Section 13 of Article XII of the Constitution of the State of New
Mexico be amended so that said section shall read as follows:

"Sec. 13. On and after the 1st day of January, 1921, the said State Educational
Institutions shall be controlled and managed by the Board of Control created by Section 3
of Article XIV of this Constitution."

(Not effective at time of publication of this compilation.)

(2) § 5152. Eminent domain.

Sec. 135. Whenever it shall be deemed necessary by the board of regents of the
University of New Mexico, and of The New Mexico College of Agriculture and Mechanic
Arts the board of regents of the School of Mines, the board of directors of the New Mexico
Insane Asylum and the Board of Penitentiary Commissioners to acquire title to any lands
for the use of any such institution and the owner or owners of such lands are unable or
unwilling to accept a fair and reasonable price for such lands, then, and in that event, each
of the said several boards may acquire, in the name of the State of New Mexico, title to
so much of said land or lands as shall be deemed necessary by any such board, for the use
of any such institution, in the same manner as provided by law for the condemnation of
land for railroad purposes, and such land so taken shall be deemed to be taken for public
use.

(C. L. '97, §3693.)

16 STATE EDUCATIONAL INSTITUTIONS

(3) § 5153. Sale or lease of lands — Disposition of funds.

Sec. 136. The New Mexico College of Agriculture and Mechanic Arts and all other
state, educational and charitable institutions, in New Mexico, are authorized to expend the
funds derived from the sale and lease of their lands, or so much thereof as may be necessary
which are placed to the credit of the respective institutions, for buildings, equipment and
other permanent improvements.
(L. '05, C. 72, §1.)

(4) § 5154. Sale or lease of lands — Use of funds — Report.

Sec. 137. The board of regents or other boards of control of said institutions are
hereby authorized to expend said moneys as herein provided for said purposes and said
boards shall make a full and complete report of the expenditures which they may make
under the provisions of this act, giving amount and purpose for which expended, to the
Governor of the State of New Mexico.

(L. '05, C. 72^ §2.)

(5) §5155. Accounts — Expenditures — Warrants — Receipts, etc.

Sec. 138. The board of managers of the different state institutions, under whatsoever
name they may be legally designated, are hereby directed and required to keep in suitable
books of record a strict account of all moneys received by them from the state, and also
itemized accounts of the disbursement of the same. They shall require all bills against
such institutions to be made out in duplicate, and all salaries or other expenditures except
for bills and current expenses shall be receipted for in duplicate, one of such bills or re-
ceipts to be kept by the said board with the other papers and property of the institutions
and the other to accompany all requisitions upon the Auditor of the State for warrants,
and no warrant shall be drawn by the Auditor for any amount in favor of any such insti-
tution unless the requisition therefor is accompanied witb such itemized receipts for the
money expended after the last requisition.
(L. '01, C. 98, §1.)

(6) §5156. Charitable institutions — Accounts — ^Etc.

Sec. 139. The persons in charge of each charitable or other institution which receives
state aid, shall make their requisitions upon the Auditor in the same manner as is provided
for state institutions in the preceding section, and shall keep books and furnish itemized
duplicate receipts for all moneys received and paid out in the same manner.
(L. '01, C. 98, §2.)

(7) § 5157. Annual financial statement.

Sec. 140. It is hereby made the duty of the several boards of managers of state char-
itable or other institutions which receive any money from the state treasury, at the end
of each fiscal year to make out an itemized and detailed statement of all receipts and dis-
bursements of such institution up to and including the last day of said fiscal year, which
shall be sworn to as correct by the Secretary, Treasurer or other accounting officer of such
institution who draws and receives the State funds, and shall be transmitted to the Gov-
ernor of the State within the first thirty days of the new fiscal year; and any failure on
the part of any person or officer to perform the duties herein specified shall subject such
person to removal from his position and in case he is a bonded officer it shall be considered
AS a breach of his bond and be a misdemeanor in office, for which he may be fined in any
sum not exceeding five hundred nor less than one hundred dollars, which shall be recovered
from him and the sureties on his bond as a penalty.
(L. '01, C. 98, §3.)

(8) §5158. Expenditures — Indebtedness in excess of appropriation.

Sec. 141. Every officer, board, body or agency, or any member thereof, empowered
to expend any public money or to direct the expenditure thereof, or to contract indebted-
ness against or in view of specific appropriations, is hereby prohibited from making any
contract, incurring any expense, or contracting any liability against this State, or any
public fund thereof, which shall make, tend to make, or contemplate any excess of ex-
penditure beyond the terms of the laws authorizing expenditures by them, or either of
them, or under their direction; and it shall be unlawful for any trustee, superintendent,
warden or other officer of any of the educational, penal, charitable or other institutions of
this State, who, under the laws, has authority or may be vested with authority to purchase
supplies, employ servants or assistants, contract indebtedness, or to do any act contemplat-
ing the expenditure of public moneys, to contract any indebtedness in behalf of such instir
tutions or ostensibly against the State on account of such institutions in excess of the
appropriations made for the maintenance and support thereof; but in respect to the Peni-
tentiary, the Asylum for the Insane, the Reform School, the Institute for the Blind, the
Miners' Hospital and the Deaf and Dumb Asylum, if the specific appropriations therefoi.
shall have become exhausted, food and clothing for the inmates thereof may be purchased
on the credit of the State.

(L. '12, C. 69, 81.)

STATE EDUCATIONAL INSTITUTIONS 17

(9) § 5159. Contracts for food, clothing — Resolution of board.

Sec. 142. Before such food and clothing shall be purchased, in case of emergency, aa
provided in the preceding section, there shall be passed a resolution of the governing board
of the institutions mentioned, respectively, setting forth the kind, quantity, quality, and
estimated cost of such supplies, food and clothing, and the necessity therefor, and showing
the state of the funds appropriated to such institutions, respectively; and a copy thereof
certified by the president, chairman or other head of such board, and attested by its secre-
tary or clerk, shall be transmitted to the Governor, who, if he approve the same, shall re-
turn it to the board from which it came, with his approval thereon endorsed over his sig-
nature, and thereupon the purchases specified shall be authorized; but if he disapprove the
resolution he shall so notify the board aforesaid.

(L. '12, C. 69, §2.)

(10) § 5160. Exceeding appropriation — Penalty.

Sec. 143. Any person violating any of the provisions of the two preceding sections
shall be deemed guilty of a felony, and, upon conviction thereof, shall be punished by a
fine not exceeding $500 nor less than $100, or by imprisonment in the penitentiary for not
less than six months nor more than one year, or by both such fine and imprisonment in the
discretion of the court trying such cause.

(L. '12, C. 69, §3.)

(11) §5161. Grand jury — Duty.

Sec. 144. It is hereby made the duty of the several district judges to call to the atten-
tion of grand jurors the provisions of the three preceding sections.

(L. '12, C. 69, §4.)

(12) § 5162. Boards to determine requirements.

Sec. 145. The respective boards of regents of the New Mexico College of Agriculture
and Mechanic Arts, the New Mexico School of Mines, the Universitj'' of New Mexico, and
the New Mexico Military Institute at Roswell shall determine and fix the standard of
requirements for admission to their respective institutions.

(L. '12, C. 8,3, §2.)

(13) § 5163. State schools — Removal of members of faculty — Salary of secretary.

Sec. 146. No president or member of the faculty of any State educational institution
shall be removed during the term for which he is elected, or appointed, except for cause, and
after trial by the board of regents of his institution, and that no secretary or treasurer of
any such institution except those supported in whole or in part by United States appropri-
ation, shall receive any compensation as such secretary and treasurer^ or either.

(C. L. '97, §4181.)

(14) § 5164. Tuition.

Sec. 147. The Board of Regents of the New Mexico College of Agriculture and Me-
chanic Arts, the University of New Mexico, the New Mexico School of Mines, the New
Mexico Normal University at Las Vegas, the New Mexico Normal School at Silver City, the
New Mexico Military Institute shall charge as tuition a fee of not less than five nor more
than twenty-five dollars per session for each and every student; said tuition to be fixed by
said board of regents, collected by the officers of each institution and accounted for as
other funds of such institution.

(C. L. '97. §3605.)

(See Page 28 hereof for authorized tuition for military institute)

PROVISIONS COMMON TO UNIVERSITY, AGRICULTURAL COLLEGE, AND INSANE ASYLUM.

(ARTICLE 2.)

( 1 ) Members boards, expenses.

( 2 ) Embezzlement.

( 3 ) Funds; disbursement.

( 4 ) Funds; apportionment.

( 5 ) Reports, annual.

( 6 ) Boards, Governor and State Superintendent.

( 7 ) Boards; meetings.

( 8 ) Boards, membership; residence.

( 9 ) Records, public.

(10) Boards, members, employes, contracts.

(11) Boards, members, oath.

(12) Property.

(13) Sectarianship; religion.

(1) §5165. Members of boards — Expenses.

Sec. 148. The members of the several boards of the University of New Mexico, the
New Mexico College of Agriculture and Mechanic Arts, and the New Mexico Insane Asylum
shall be allowed their actual and necessary traveling expenses in going to and returning

18 STATE EDUCATIONAL INSTITUTIONS

from all necessary sessions of their respective boards, and also their necessary expenses
while in actual attendance upon the same.

(C. L, '97, §3633.)

(2) §5166. Embezzlement. .

Sec. 149. If any secretary, treasurer or other officer or member of the several boards
of any of the said institutions shall feloniously embezzle, secrete, misapply or convert to his
or their own use any money or property belonging to any of said institutions, he shall be
deemed guilty of a felony, and on conviction thereof shall be confined in the state peni-
tentiary for a term of not less than three, nor more than ten years, in the discretion of
the court before whom such conviction shall be had.

(C. L. '97, §3634.)

(3) §5167. Disbursement of funds.

Sec. 150. The secretary and treasurer of all of such boards shall make disbursements
of the funds in his hands on the order of the board, which order shall be countersigned by
the president of the board, and shall state on what account the disbursement is made.

(C. L. '97. §3635.)

(4) § 5168. Apportionment of funds.

Sec. 151. Whenever there shall be any money in the hands of the State Treasurer to
the credit of any of the! specific funds set apart for said institutions deemed sufficient by
such board to commence the erection of any of the^ necessary buildings or improvements
or pay the running or other expenses of such institution, the State Auditor, on the request
in writing of any such boards, shall, and it is hereby made his duty, to draw his warrant
in favor of the treasurer of said board and institution upon the State Treasurer against the
specific fund belonging to such institution in such sum, not exceeding the amount on hand
in such specific fund at such time, as said board may deem necessary; Provided, That any
such board shall only draw said money as it may be necessary to disburse the same.

(C. L. '97, §3636.)

(5) § 5169. Annual reports.

Sec. 152. All of the managing boards of the said institutions shall annually, on or
before the first day of December, make a full and true report in detail under oath, of all
their acts and doings during the previous year, their receipts and expenditures, the exact
status of their institution and any other information that they may deem proper and useful
or which may be called for by the Governor, which said reports shall be made to the Gov-
ernor and he shall transmit the same to the succeeding session of the legislature.

(C. L. '97, §3637.)

(6) § 5170. Governor and school superintendent members of boards.

Sec. 153. The Governor of the State and the Suj)erintendent of Public Instruction, if
there be one, shall ex-officio be advisory members of all boards of the said institutions, but
shall not have the right to vote or be eligible to office therein.

(C. L. '97, §3639.)

(See Constitution, Art. XII, Sec. 13, Art. XIV, Sec. 3.)

(7) § 5171. Meetings of boards.

Sec. 154. The regular meeting of all said boards shall be held quarterly; Provided,
That they may hold as many special sessions as they shall deem necessary.

(C. L. '97. §3641.)

(8) § 5172. Members of boards — Besldence.

Sec. 155. At least one member of the said several boards shall be a resident of the
town or city at or near which the institution is located.

(C. L. '97, §3643.)

(9) § 5173. Records to be public.

Sec. 156. The records of the said boards shall be open at all reasonable times for the
inspection of any citizen.

(C. L. '97, §3644.)

(10) § 5174. Members and employes not to be interested in contracts.

Sec. 157. No employe or member of any of the said boards shall be interested pe-
cuniarly, either directly or indirectly, in any contract for building or improving any of
said institutions or for the furnishing of supplies to any of such institutions.

(C. L. '97, §3645.)

STATE EDUCATIONAL INSTITUTIONS 19

(11) §5175. Members of boards — Oath.

Sec. 158. Each and every member of tlie said boards sball, before entering upon their
respective duties, take and subscribe an oath to faithfully and honestly discharge their
duties in the premises and strictly and impartially perform the same to the best of their
several abilities. Said oath shall be filed with the Secretary of State.

(C. L. '97, §3646.)

(For oath see Constitution, Art. XX, Sec. 1.)

(12) § 5176. Power to hold property.

Sec. 159. All of the said institutions shall be entitled to receive all the benefits and
donations made and given to similar institutions of learning and charity in other states
and territories of the United States, by the legislation of the Congress of the United
States, or from private individuals or corporations, and for the benefit of said institutions
they shall have power to buy and sell or lease or mortgage realty, and do all things that,
in the opinion of the several boards, will be for the best interests of said institutions, and
are in the line of its object. '

(C. L. '97, §3647.)

(13) § 5177. To be non-sectarian.

Sec. 160. All the said institutions shall forever remain strictly non-sectarian in char-
acter, and no creed or system of religion shall be taught in any of them.

(C. L. '97, § 3648.)

(See also Sec. 9, Art. XII, State Const.)

UNIVERSITY OF NEW MEXICO.

(ARTICLE 3.)

(See also page 15.)

( 1 ) Constitutional confirmation.

( 2 ) Creation.

( 3 ) Purpose.

( 4 ) Management and control. Regents.

( 5 ) Corporate powers.

( 6 ) Meetings; officers; Secretary and Treasurer.

( 7 ) Officers; duties and powers.

( 8 ) Rules and regulations.

( 9 ) Departments.

(10) Management; officers, removal.

(11) Admission; attendance.

(12) Sectarianship; teachers.

(13) Meetings; quorum,

(14) Lands.

(15) Appropriations.

(1) (Confirmed as a State educational institution.)

(Sec. 11, Art. XII, State Const.)

(2) § 5117. To be State university.

Sec. 100. The University of New Mexico is intended to be the State university, and
as such is entitled to all the donations of land and all other benefits under all Acts of Con-
gress enacted for the benefit of such educational institutions in the State.

(C. L. '97, §3569.)

(See Constitution, Art. XII, Sees. 11, 12.)

(3) § 5118. Purpose.

Sec. 101. The object of the university shall be to provide the inhabitants of the State
of New Mexico with the means of acquiring a thorough knowledge of the various branches
of literature, science and arts.

(C. L. '97, §3570.)

(4) §5119. Board of regents.

Sec. 102. The management and control of said university, the care and preservation
of all property of which it shall become possessed, the erection and construction of all
buildings necessary for its use, and the disbursements and expenditures of all moneys,
shall be vested in a board of five regents.

(C. L. '97, §3571.)

(For appointments see Constitution, Art. XII, Sec. 13.)
(For filling of vacancies see Constitution, Art. XX, Sec. 5.)
(For qualification see Constitution, Art. VII, Sec. 2.)

(5) §5120. Id. — Title — Corporate powers.

Sec. 103. The regents of the university and their successors in office shall constitute a
body corporate under the name and style of The Eegents of the University of New Mexico,

20 STATE EDUCATIONAL INSTITUTIONS

with the right, as such, of suing and being sued, or contracting and being contracted with,
of making and using a common seal and altering the same at pleasure.

(C. L. '97, §3573.)

(6) §5121. Officers — Election — ^Bond of secretary and treasurer.

Sec. 104. The board of regents of the University of New Mexico shall meet and or-
ganize by the election of its officers at Albuquerque, in Bernalillo county, on the second
Monday in March in each year; all officers so elected shall hold their offices until their
successors are duly elected and qualified. At such elections they shall elect a president and
a secretary and treasurer from their number. The persons so elected as secretary and
treasurer shall, before entering upon the discharge of his duties as such, execute a good
and sufficient bond to the State of New Mexico, with two or more sufficient sureties, resi-
dents of this State, in the penal sum of not less than twenty thousand dollars, conditioned
for the faithful performance of his duties as such secretary and treasurer, and that he will
faithfully account for and pay over to the person or persons entitled thereto all moneys
which shall come into his hands as such officer, which said bond shall be approved by the
governor of the State and shall be filed with the secretary of state.

(C. L. '97, §3574.)

Although the secretary and treasurer must be a member of the board of regents when
elected, his right to hold that office until the appointment and qualification of his successor
is not dependent upon his continuing to be a member of the board.
(Bowman Bank & Trust Co. v. First National Bank, 18 N. M. 589.)
In the absence of any direction from the board of regents the treasurer may keep the
funds in any bank he sees fit, or keep them in his own possession. A certificate represent-
ing the deposit in bank of such funds is assignable, and his assignee is entitled to receive
such funds from the bank.

(Bowman Bank & Trust Co. v. First National Bank. 18 N. M. 589.)

(7) §5122. President — Secretary and treasurer — Duties and powers.

Sec. 105. The president of said board shall be the chief executive officer, shall
preside at all meetings thereof, except that when he is absent the board may appoint a
president pro tem., and sign all instruments required to be executed by said board. He shall
also generally direct the affairs of said university, nominate, and by and with the advice
and consent of the board of regents, appoint all professors, tutors, instructors and other
employes necessary to the proper conduct of said university; and in like manner shall be
determined the amount of their respective salaries. The secretary and treasurer shall be
the financial and recording officer of said board, shall keep a true and correct account of
all moneys received and expended by him, shall attest all instruments required to be signed
by the president, and shall keep a true record of all the proceedings of said board, and
generally do all other things required of him by said board.

(C. L. '97, §3575.)

(8) § 5123. Regents — Rules and regulations.

Sec. 106. The regents shall have power and it shall be their duty to enact laws, rules
and regulations for the government of the university.

(C. L. '97, §3576.)

(9) §5124. Departments.

Sec. 107. The university shall have departments^ which shall be opened at such times
as the board of regents deem best, for instruction in science, literature and the arts, law,
medicine, engineering and such other departments and studies as the board of regents may,
from time to time, decide upon, including military training and tactics.

(C. L. '97. §3577.)

(10) §5125. Regents — Supervisory power — Degrees — Removal of officers.

Sec. 108. The immediate government of the several departments shall be intrusted to
their respective faculties, but the regents shall have the power to regulate the course of
instruction, and prescribe the books and authorities to be used in the several departments,
and also confer such degrees and grant such diplomas as are usually conferred and granted
by other universities. The regents shall have power to remove any officer connected with
the university when in their judgment the interests require it.

(C.L. '97, §3578.)

(11) § 5126. Who may attend.

Sec. 109. The University shall be open to the children of all residents of this state
and such others as the board of regents may determine, under such rules and regulations as

STATE EDUCATIONAL INSTITUTIONS 21

may be prescribed by said board, whenever the finances of the institution shall warrant it,
and it is deemed expedient by said board of regents.

(C. L. '97, §3579.)

(12) § 5127. To be non-sectarian.

Sec. 110. No sectarian tenets or opinions shall be required to entitle any person to be
admitted as a student or employed as a tutor, or other instructor in said university, but
the same shall forever be strictly non-sectarian in character.

(C. L. '97, § 3580.)

(13) § 5128. Board of regents — Calling meetings — Quorum.

Sec. 111. The meetings of the board may be called in such manner as the board of
regents may prescribe, and the majority of said board shall constitute a quorum for the
transaction of business, but a less number may adjourn from time to time.

(C. L. '97, §3581.)

(14) Lands. (Granted by U. S.)

Act Congress, >7-22-95 46,080 acres

Act Congress, 6-21-98 65,000 acres

Act Congress, 6-20-10 200,000 acres

Total 311,080 acres

(15) Appropriations. 8th and 9th fiscal years.

Maintenance $85,000

(S. B. Laws 1919.)

COLLEGE OP AGRICULTURE AND MECHANIC ARTS

(ARTICLE 4.)

(See also page 15.)

( 1 ) Purpose and Character.

( 2 ) Management; Powers, Courses.

( 3 ) Officers; Secretary and Treasurer, Compensation,

( 4 ) Powers and duties.

( 5 ) Administration of laws generally.

( 6 ) Experiment station.

( 7 ) Acceptance Congressional legislation.

( 8 ) Experiment station ; acceptance grant.

( 9 ) Experiment stations; acceptance of Legislature.

(10) Regents; power; meetings.

(11) Regents: power; instruction; officers' removal.

(12) Lands, granted.

(13) Appropriations.

(14) Agriculture, co operative, appropriations.

(15) Agriculture; pavmenf.

(16) Agriculture — Home Economics.

(17) Extension work, appropriation.

(18) Extension work, moneys, administration.

(19) Agriculture, county demonstration.

(20) Agriculture, county agents.

(21) Agriculture, county agents, employment.

(22) Agriculture, public defense.

(23) Confirmed as State educational institution.

(1) §5129. Purpose and character.

Sec. 112. The New Mexico College of Agriculture and Mechanic Arts shall be an
institution of learning open to the children of all tlie residents of this state, and such
other persons as the board of regents may determine, under such terms, rules and regulations
as may be prescribed by said board of regents; shall be non-sectarian in character and
devoted to practical instruction in agriculture, mechanic arts, natural sciences connected
therewith, as well as a thorough course of instruction in all branches of learning bearing
upon agriculture, and other industrial pursuits.

(C. L. '97, §3552.)

(2) § 5130. Course of instruction — ^Board of regents — Corporate Powers — Quorum.

Sec. 113. The course of instruction of the college hereby created shall embrace the
English language, literature, mathematics, philosophy, civil engineering, chemistry and
animal and vegetable anatomy and physiology, the veterinary art, entomology, geology, and
political, rural and household economy, horticulture, moral philosophy, history, mechanics
and such other sciences and courses of instruction as shall be prescribed by the regents of
this institution of learning. The management of said college and experiment station, the
care and preservation of all property, of which such institution shall become possessed,
the erection and construction of all buildings necessary for the use of said college and
station, and the disbursement and expenditure of all moneys provided for by this act, shall

22 STATE EDUCATIONAL INSTITUTIONS

be vested in a board of five regents. Said five regents shall possess tlie same qualifications,
as required for the regents of the University of New Mexico. Said regents and their
successors in office shall constitute a body corporate, with the name and style of, The
Regents of the Agricultural College of New Mexico, with the right as such of suing and
being sued, of contracting and being contracted with, of making and using a common seal,
and altering the same at pleasure, of causing all things to be done necessary to carry out
the provisions of law. A majority of the board shall constitute a quorum for the transaction
of business, but a less number may adjourn from time to time.

(C. L. '97, §3553.)

(For appointment and terms of office see Constitution, Art, XII, Sec. 13.)

(For filling of vacancies see Constitution, Art. XX, Sec. 5.)

(For qualifications see Constitution, Art. VII, Sec. 2.)

(Referred to in Bowman Bank & Trust Co. v. First National Bank, 18 N'. M. 589.)

(3) §5131. Officers.

Sec. 114. The officers of said college shall be the same, be elected in the same manner,

at the same time, and possess the same qualifications as the regents and officers, shall

perform their duties as provided for the regents and officers of the University of New

Mexico. The secretary and treasurer shall receive a salary of one hundred dollars a month.

(C. L. '97, §3554, and C. L. '97, §3642.)

(4) §5132. Id. — Powers and duties.

Sec. 115. The board of regents shall direct the disposition of any moneys belonging to
or appropriated to the agricultural college and experiment station and shall make all rules
and regulations necessary for the government and. management of the same, adopt plans
and specifications for necessary buildings and superintend the construction of said buildings,
and fix the salaries of professors, teachers and other employes, and the tuition fees to be
charged in said college.

(C. L. '97, §3556.)

(Referred to in Bowman Bank & Trust Co. v. First National Bank, 18 N. M. 589.)

(5) Agriculture and horticulture — Administration.

That the Board of Regents of the College of Agriculture and Mechanic Arts is hereby
given supervision oi the administration and enforcement of all laws in this state relating
to agriculture, agricultural objects, horticulture, feeds and feed stuff, insect pests, plant
disease and such subjects pertaining to agriculture and horticulture as the legislature shall
hereafter provide and shall have power to delegate inspectors and agents to assist in the
enforcement of such laws.

(S. B. 80, Laws 1919, effective June 13, 1919.)

(6) § 5133. Agricultural experiment station.

Sec. 116. The agricultural experiment station in connection with said college shall be
under the direction of the said boal-d of regents of said college for the purpose of conducting
experiments in agriculture according to the terms of section one of an act of congress
approved March 2, 1887, and entitled, An act to establish agricultural experiment stations
in connection with the colleges established in the several states under the provisions of an
act approved July 2, 1862, and of the acts supplementary thereto. The said college and
experiment station shall be entitled to receive all the benefits and donations made and
given to similar institutions of learning in other states and territories of the United States
by the legislation of the congress of the United States and particularly to the benefit and
donations given by the provisions of an act of congress of the United States entitled, An
act donating public lands to the several states and territories which may provide colleges
for the benefit of agriculture and mechanic arts, approved July 2^ 1862, and of all acts
supplementary thereto, including the act entitled. An act to establish agricultural experi-
ment stations in connection with colleges established in the several states under the pro-
visions of an act approved July 2, 1862, and of the acts supplementary thereto, which said
last mentioned act was approved March 2, 1887.

(C. L. '97, 83557.)

(7) § 5134. Assent to Act of Congress.

Sec. 117. The assent of the Legislature of New Mexico is hereby given in pursuance
of the requirement of section two of an act of congress entitled. An act to apply a portion
of the proceeds of the public lands to the more complete endowment and support of the
colleges for the benefit of agriculture and the mechanic arts, established under the pro-
visions of an act of congress approved July 2, 1862^ approved August 30th, 1890, to the
granting of moneys for the benefit of the agricultural college of New Mexico, and the
said Legislature accepts and consents to all of the terms and conditions of said act of
congress, and assent is further given to carry out within the State of New Mexico all and
singular, the provisions of said act of congress.

(C. L. '97, §3567a.) •

STATE EDUCATIONAL INSTITUTIONS 23

(8) § 5135. Agricultural experiment stations — Assent to terms of federal act.

Sec. lis. That the assent of the Legislature of the State of New Mexico is hereby
given in pursuance of the requirements of Section 2 of An act of Congress entitled, "An act
to provide for an increased annual appropriation for Agricultural Experiment Stations and
regulating the expenditures thereof, approved March 16, 1906," commonly known as the
Adams Act, to the purpose of the grants of money authorized by such act to the carrying
out, within the State of New Mexico, of all and singular the provisions of said act.

(L. '07, C. 13, §1.)

(9) § 5136. Id. — Assent to Act of Congress.

Sec. 119. The assent of the Legislature of the State of New Mexico, is hereby given in
pursuance of the requirements of section of said act of congress, approved March 2, 1887, to
the granting of money therein made to the establishment of experiment stations in accord-
ance with section one of said last mentioned act, and assent is hereby given to carry out,
within the State of New Mexico, all and singular the provisions of said act.
(C. L. '97, §3558)

(10) §5137. Board of regents — Rules — Calling meetings.

Sec. 120. The board of regents shall have power and it shall be their duty to enact
laws for the government of said college and experiment station and the meetings of said
board may be called in such manner as the regents may prescribe.

(C. L. '97, §3559.)

(11) § 5138. Id. — ^Instruction — Books — Degrees — Removal of officer.

Sec. 121. The immediate government of the several departments shall be intrusted to
their respective faculties, but the regents shall have the power to regulate the course of
instruction and prescribe, under the advice of the faculty, the books and authorities to be
used in the several departments, and also to confer such degrees and grant such diplomas as
are usually conferred and granted by other agricultural colleges. The regents shall have
power to remove any officer connected with the agricultural college or experiment station
when, in their judgment, the best interests of the college require it.

(C. L. '97, §3560.)

«

(12) Lands.

Act Congress, 2-21-98 100,000 acres

Act Congress, 6-20-1910 150,000 acres

Total 250,000 acres

(13) Appropriations. 8th and 9tli fiscal years.

Maintenance $37,500

Experimental Station work 7,500

Building, 8th fiscal year only 12,500

Extension work, required by C. 29, L. 1915 —

For 8th fiscal year 43,200

For 9th fiscal year 43,200

Administration certain laws passed by Fourth Legislature... 2,500
(S. B. 75, Laws 1919.)

(14) Co-operative Agriculture Appropriation.

That for the maintenance of the co-operative agricultural extension work provid'ed for
in the act of Congress entitled: "An act to provide for Co-operative Agricultural Extension
Work between the Agricultural Colleges in the several states receiving the benfits of an
act of Congress approved July second, one thousand eight hundred and sixty-two, and all
acts supplementary thereto, and the United States Department of Agriculture, ' ' approved
May 8, 1914, there is hereby permanently appropriated out of any money in the State
Treasury, except interest upon the public debt, the sum of one dollar for each dollar allotted
annually by the Secretary of Agriculture as provided in said act of congress to the State
of New Mexico above the sum of Ten Thousand Dollars regularly appropriated to each
state which shall by action of its legislature assent to the provisions of said act, the said
appropriation not to exceed the sum of Thirty Four Hundred Dollars for the fiscal year
ending June 30, 1916, and for each year thereafter for sevene years, a sum exceeding, by
not more than Three Thousand Dollars, the sum appropriated for each preceding year,
after which time the said appropriation shall continue annually in accordance with the
provisions of said act of congress, such appropriations being required by said act of
congress, in order that the state may obtain the benefit of the said annual allotments of
money by the Secretary of Agriculture over and above the said sum of Ten Thousand
Dollars.

(C. 29, Sec. 1, L. 1915.)

24 STATE EDUCATIONAL INSTITUTIONS

(15) Appropriation — Payment.

The money by this act appropriated shall be paid to the Treasurer of the Board of
Regents of the New Mexico College of Agriculture and Mechanic Arts upon the warrant
of the State Auditor to be drawn on the request, in writing^ of said board and the said
treasurer of said board is hereby authorized to receive the moneys payable under the
provisions of Section 4 of the said act of congress by the Secretary of the Treasury upon
the warrant of the Secretary of Agriculture, out of the Treasury of the United States.

(C. 29, Sec. 2, L. 1915.)

(16) Appropriations — Agriculture and Home Economics.

That for the purpose of further extending the co-operative work provided by Chapter
29 of the Session Laws of New Mexico for the year 1915, entitled *'An Act to Provide for
the Maintenance of the Co-operative Agricultural Extension Work provided for by the Act
of Congress, entitled 'An Act to provide for co-operative agricultural extension work
between Agricultural Colleges in the several states receiving the benefits of an act of
Congress approved July 2, 1862, and all acts supplemental thereto, and the United States
Department of Agriculture,' approved May 8, 1914," in any county of this state employing
a county agent or agents under the terms of said acts, the board of county commissioners
of any such county shall be authorized, upon petition of at least one hundred bona fide
taxpayers within such county, to provide and appropriate such funds as are necessary for
maintenance of co-operative extension work in agriculture and home economics within such
county, such funds to be provided by special levy made at the same time as other tax
levies for county purposes, and the proceeds of such special levy shall be covered into a
fund hereby created to be known as the "Agricultural Extension Fund" of such county.

(C. L. 1917, Extraordinary Session.)

(17) Appropriation.

For each dollar so provided by said county there is hereby appropriated the sum of
one dollar, to be paid out of any funds in the State Treasury except money set aside for
the payment of interest or sinking fund on the public debt, and the State Auditor is hereby
authorized and directed to draw his warrant for the payment of monies so allotted to- any
such county upon the certificate of the board of county commissioners of such county,
countersigned by the extension director of the New Mexico College of Agriculture and
Mechanic Arts, certifying that a stated amount of money has been so provided by said
county and that an agreement has been entered into between such county and said college
for such co-operative extension work; provided, however, that in no case shall the total
amount so allotted to any one county by the state exceed the sum of two thousand dollars
($2,000) during any one year.

(C. 1, 1917, Ex. Session.)

(18) Moneys — Administration.

All funds appropriated by this act, and by the boards of county commissioners under
authority of Section 1 hereof, shall be paid over to the treasurer of the Board of Regents
of the New Mexico College of Agriculture and Mechanic Arts, upon warrant drawn by the
State Auditor, as to state funds, and by the County Treasurer, as to county funds, and
shall be expended under the supervision of the extension service of said college solely
for the purpose contemplated by this act, and the Treasurer of the Board of Regents of the
New Mexico College of Agriculture and Mechanic Arts shall file with the State Auditor
copies of all vouchers covering the expenditure of all such moneys appropriated by the
state. .

(C. 1. 1917, Ex. Session.)

(19) County Demonstration.

Every such agreement made relating to county demonstration work in agriculture and
home economics shall continue in full force until the Board of County Commissioners, or
the New Mexico College of Agriculture and Mechanic Arts, shall terminate the agreement
by notice to the other party or parties, such notice to be in writing delivered at least three
months prior to the time fixed for termination of the agreement, and at the expiration of
such period of three months, the co-operative relationship between said parties shall
ceage, unless otherwise agreed upon between the several parties.

(O 1, 1917, Ex. Session.)

(20) County Ajgents — Duties.

The county agents to be appointed in pursuance of this act, shall be selected by the
extension service of the New Mexico College of Agriculture and Mechanic Arts and a
committee appointed by the boards of county commissioners of the respective counties
from nominations made by the extension service of said College. The said county agents
shall work under the uirection of the extension service of said college and shall devote

STATE EDUCATIONAL INSTITUTIONS 25

their entire time to the discharge of their duties under thia act. It shall be their duty
to demonstrate as far as possible the improved agricultural and home economics practices
and systems of furmirg &nd home making, so far as the same may be applicable to local
conditions, which have been developed by the investigations of the United States Depart-
ment of Agriculture and the Agricultural Colleges and the experiment stations; to aid in
the organization and direction of agricultural work and home making in the several
counties; to co-operate with agricultural and home economics clubs and other associations
and organizations having for their object the betterment of agriculture and home and
rural conditions.

(C. 1, 1917, Ex. Session.)

(21) County Agents — Employment.

In order to obtain the advantages or to increase the benefits to be derived from the
provisions of this act any two or more contiguous counties may, subject to the approval
of the extension service of the New Mexico College of Agriculture and Mechanic Arts,
unite in the employment of a county agent or agents under an agreement between the
Board of County Commissioners of each of said counties and the extension service of
said college, which agreement shall fix the amount of money to be provided by each county,
in which case the funds to be provided by the state, in accordance with the provisions of
section two thereof, shall be available, and shall be paid to the treasurer of said Board of
Regents upon the certificates of said boards of county commissioners, countersigned by said
extension director, stating the amounts of moneys so provided by said counties, and that
such agreement has been executed.

(C. 1, 1917, Ex. Session.)

(22) Public defense.

That because a state of war exists between the United States of America and the
Imperial German Government and it is necessary for the successful prosecution of such
war that the production and conservation of foods be promoted and encouraged, it is
hereby declared that this Act is necessary to provide for the public defense.

(C. 1, 1917, Ex. Session.)

(23) Confirmed as state educational institution.

(Sec. 11, Art. XII, State Const.)

SCHOOL OF MINES.
(ARTICLE 5 )

( 1 ) Confirmation as State educational institution.

( 2 ) Objects, courses.

(3 ) Management; corporate powers, etc.

( 4 ) Officers, qualifications.

( 5 ) President powers, Pres. pro. tern.

( 6 ) Secretary and Treasurer; duties, records.

( 7 ) Regents; powers.

( 8 ) Faculties.

( 9 ) Degrees and diplomas.

(10) Employes; removal.

(11) Tuition.

(12) Assays, compensation.

(13) State school.

(14) Lands.

(15) Appropriation.

(1) § 5139. Objects— Studies.

Sec. 122. The object of the New Mexico School of Mines is to furnish facilities for
the education of such persons as may desire to receive instruction in chemistry, metallurgy,
mineralogy, geology, mining, milling, engineering, mathematics, mechanics, drawing, the
fundamental laws of the United States, and the rights and duties of citizenship, and
such other courses of study^ not including agriculture, as may be prescribed by the board
of regents.

(C. L. 1897, §3593.)

(2) § 5140. Board of regents — Corporate powers — Quorum.

Sec. 123. The management and control of said school of mines, the care and preserva-
tion of all property of which it shall become possessed, the erection and construction of
all buildings necessary for its use, and the disbursement and expenditure of all moneys,
shall be vested in a board of five regents. Said regents and their successors in office
shall constitute a body corporate, under the name and style of. The Eegents of the New
Mexico School of Mines, with the right, as such, of suing and being sued, of contracting
and being contracted with, of making and using a common seal and altering the same
at pleasure, and of causing all things to be d-one necessary to carry out the provisions

26 STATE EDUCATIONAL INSTITUTIONS

of this article. A majority of the board shall constitute a quonim for the transaction of
business, but a less number may adjourn from time to time.

(C. L. 1897, §3594.)

(For appointment see Constitution, Art. XII, Sec. 13.)
(For qualifications see Constitution, Art. VII, Sec. 2.)
(For filling of vacancies see Constitution, Art. XX, Sec. 5.)

(3) § 5141. Officers — ^Bond of secretary and treasurer.

Sec. 124. The school officers shall be the same regents, be elected in the same manner
and at the same time, and possess the same qualifications as the officers of the University
of New Mexico, and the secretary and treasurer so elected shall give bond in the sum of
ten thousand dollars in the manner provided in Section 5121.

(C. L. 1897, §3595.)

(4) §5142. President — Powers.

Sec. 125. The president of said board shall be the chief executive officer, shall preside
at all meetings thereof, except that when he is absent the board may appoint a president pro
tem., sign all instruments required to be executed by said board; he shall also direct the
affairs generally of the said School of Mines, shall nominate and by and with the advice
of said board of regents, appoint all professors, instructors, tutors and other employes
necessary to the proper conduct of said School of Mines, and in like manner shall deter-
mine the amount of their respective salaries.
(0. L. 1897, §3596.)

(5) §5143. Secretary and treasurer — Duties — Records.

Sec. 126. The secretary and treasurer shall be the financial and recording officer of
said board, shall keep a true and correct account of all moneys received and expended by
him, shall attest all instruments required to be signed by the president of said board, and
shall keep a true and correct record of all the proceedings of said board and, generally,
do all other things required of him by said board.
(C. L. 1897, §3597.)

(6) §5144. Board of regents — ^Powers.

Sec. 127. The board of regents shall have power and it shall be their duty to enact
by-laws, rules and regulations for the government of such School of Mines, not inconsistent
with the laws of the State, and they shall also prescribe the text books to be used, the
course of study, the branches to be taught, the number of departments into which said
school shall be divided and to change the same from time to time; to fix the scholastic
year, provide apparatus, mineral and geological -cabinets, and do all and everything neces-
sary in and about the premises with a view to promoting the best interests of said insti-
tution.

(C. L. 1897, §3598.)

(7) § 5145. Faculties.

Sec. 128. The immediate government of their several departments shall be intrusted
to their several faculties.

(C. L. 1897, §3599.)

(8) §5146. Degrees and diplomas.

Sec. 129. The board of regents shall have power to confer such degrees and grant
such diplomas as are usually conferred and granted by other similar schools.

(C. L. 1897, §3600.)

(9) § 5147. Removal of employes.

Sec. 130. The regents shall have power to remove any officer, tutor or instructor, or
employe connected with said school, when in their judgment the best interests of said
school require it.

(C. L. 1897, §3601.)'

(10) § 5148. Tuition.

Sec. 131. Said School of Mines shall bo a place for instruction in the branches men-
tioned in Section 5139, with or without charge to residents of this State, as shall be
deemed best by the trustees, but non-residents shall be admitted to the privileges of such
school upon such terms as the regents shall prescribe.

(C. L. 1897, §3602.)

(11) §5149. Assays, etc. — Compensation.

Sec. 132. The botiid of regents shall require such compensation for all assays,
analyses, mill tests or other services performed by said institution as they may deem
reasonable, and the same shall be collected and paid into the treasury of the School of

STATE EDUCATIONAL INSTITUTIONS 27

t

Mines for said institution^ and an accurate account thereof shall be kept in a book to be
provided for that purpose.
(C. L. 1897, §3603.)

(12) §5150. Declared a state school.

Sec. 133. The New Mexico School of Mines shall be the State School of Mines.
(C. L. 1897, §3604.)

(13) § 5151. Preparatory department — Tuition in state schools.

Sec. 134. The New Mexico School of Mines shall, in addition to the course now
provided for, maintain a preparatory department.
(C. L. 1897, §3605.)

(14) Lands.

Act of Congress, 5-20-1910 150,000 acres

Maintenance '. r $13,000

(S. B. Laws 1919.)

(15) Appropriations.

8th and 9th Fiscal years $13,000

MILITARY INSTITUTE

(ARTICLE 6.)

(See also page 15.)

( 1 )

Confirmation as State educational institution.

( 2 )

Regents, compensation.

( 3 )

Officers.

(4)

Purpose and standard.

(5 )

Regents, powers.

(6 )

Lands, sale.

( 7 )

Deeds.

( 8 )

Lands.

(9 )

Tuition.

(10)

Officers, rank.

(11)

Cadets, division.

(12)

Ordnance and stores.

(13)

Inspection.

(14)

Cadets commissions.

(15)

Appropriations.

(1) Confirmed as State educational institution.

(Sec. 11, Art. XII, State Constitution.)

(2) § 4988. Board of regents — Compensation.

Sec. 182, The New Mexico Military Institute, at Eoswell, shall be under the supervi-
sion and control of a board of five regents, to serve without compensation, to be appointed
by the governor, by and with the advice and consent of the Senate, for a term of four
years, and not more than three of them shall belong to the same political jjarty at the time
of their appointment.

(C. L. 1897, § 3661.)

(See Constitution, Art. XII, Sec. 13.)

(3) § 4989. President — Secretary and treasurer — Duties.

Sec. 183. The said board shall organize and elect from their number a president and
secretary and treasurer, who shall do and perform all the duties that shall be incumbent
upon them as such officers.

(C. L. 1897, § 3662.)

(4) § 4990. Purpose and standard.

Sec. 184. It shall be the duty of the board of regents to maintain and control, at Eos-
well, a military institute for the education and training of the youth of this country, of as
high a standard as like institutions in other states and territories.

(C. L. 1897, §3663.)

(5) § 4991. Board of regents — ^Powers.

Sec. 185. The said board shall have full power and authority to make such rules and
regulations concerning the government and course of said institute as they may deem
proper; to make contracts with teachers; to erect buildings and make such other ipaprove-
ments as the institute may require.

(C. L. 1897, §3664.)

28 STATE EDUCATIONAL INSTITUTIONS

(6) § 4992. Sale of lands.

Sec. 186. The said board of regents shall have power to sell, lease or otherwise dispose
of, as to them may seem best for the benefit of the institute, the lands and property donated
by the citizens of Chaves county to said institute before February 23, 1893, except forty
acres surrounding the site of the institute, which shall be forever set apart for the use of
the institute.

(C. L. 1897, §3665.)

(7) § 4993. President — Execution of deeds, etc.

Sec. 187. That all deeds for the sale of lands and all contracts made by the said board
shall be signed by the president.

(C. L. 1897, §3666,)

(8) Lands.

Act of Congress, 5-20-1910 ; .100,000 acres

(9) § 4994. Tuition.

Sec. 188. The regents of the New Mexico Military Institute may charge a larger
tuition fee than provided in Section 516f4 if it is deemed necessary to do so to maintain
said institute.

(C. L. 1897, § 3671.) (See Page 29, (15.)

(10) § 4995. Military rank of officers.

Sec. 18^. That for the better government and enforcement of discipline in the New
Mexico Institute, located at Boswell, the superintendent, commandant of cadets and in-
structors in said institute shall be commissioned as aides-de-camp on the staff of the
governor and commander-in-chief, in addition to the number of aides-de-camp otherwise
provided by law; the superintendent to have the rank of colonel, the commandant of
cadets to have the rank of captain, who shall hold ofl&ce as such during the time they are
employed in such capacity in said institute and no longer, and they will be allowed to wear
the uniform of their rank while on duty in the institute, and upon all public occasions
when the national guard is under arms or the staff of the governor and commander-in-chief
shall be ordered out.

(L. 1901, C. 63, §1.)

(11) §4996. Military division of cadets.

Sec. 190. The superintendent of the Military Institute shall have power to divide the
students of the institute into companies and battalions and to appoint company and bat-
talion officers, and non-commissioned officers, who shall hold their offices at the pleasure of
the superintendent. Commissions shall be issued by the superintendent to company and
battalion officers to be known as cadet commissions, which shall be signed by the superin-
tendent and commandant of cadets, and a record kept of the same by the commandant
showing the date of all such commissions, and the expiration of the same and for what cause.
The superintendent shall have power to prescribe the number and rank and duties of cadets,
and non-commissioned officers conforming so far as practicable to the laws governing the
national guard of the State.

(L. 1901, C. 63, § 2.)

(12) § 4997. Ordnance and stores — Custody — Report.

Sec. 191. It shall be the duty of the superintendent to provide a safe and convenient
place for the keeping and preservation of all ordnance and quartermaster's stores received
from, the State for the use of the institution, and on and before the thirty-first day of De-
cember in each year he shall make a report to the adjutant general of the State of all such
stores on hand, and in such report he shall show their condition, whether serviceable or
unserviceable, and if any of such stores should be lost or destroyed, the manner of their
loss or destruction.

(L. 1901, C. 63, § 3.)

(13) § 4998. Annual inspection by adjutant general.

Sec. 192. The governor and commander-in-chief shall cause the adjutant general to
make an annual inspection of the discipline, course of study and general management of
the Military Institute, a report of which inspection shall appear in the annual report of the
adjutant general.

(L. 1901, C. 63, §4.)

(14) §,4999. OomxniBBions for cadets in national guards.

Sec. 193. The two cadets of the Military Institute who shall at graduation have the
highest standing in the graduating class, shall receive from the governor and commander-

STATE EDUCATIONAL INSTITUTIONS 29

in-chief commissions as second lieutenants in the national guard of the State, and be
assigned to duty to fill any vacancy in that grade occurring in any national guard organ-
ization stationed in the county of their residence without examination.

(L. 1901, C. 63, §5.)

(15) Appropriations, eighth and ninth fiscal years.

Maintenance $50,000

(Providing that beginning with the scholastic year of 1919-20 all non-resident pupils
attending said New Mexico Military Institute shall pay for board and tuition at such insti-
tution not less than the actual average cost thereof for each scholastic year.)
(S. B. 75, Laws 1919.)

NORMAL SCHOOLS.

(ARTICLE 7.)

(A) Normal University and Normal School.

(1
(2
( 3
(4
(5
( 6
( 7
(8
(9
(10
(11
(12
(13
(14
(15
(16
(B)
(17
(18
(19
(20
(21

Confirmation as State educational institutions.
Names.

Management; powers.
Officers, bond.
Meetings.

Lands, Normal University.
Lands, Normal School.
Appropriations, Normal University.
Appropriations, Normal School.
Powers; superintendent; courses; admission.
President; Secretary.
Regents; compensation.
Students, railroad fare.

Normal university; manual training; kindergarten training.
Sectarianship.
Eminent domain.
Spanish American Normal School.
Creation; object.
Management.
Courses; students.
Lands.
Appropriation.

(1) Confirmed as State educational institutions.

(Sec. 11, Article XII, State Constitution.)

(2) § 4974. Names — ^New Mexico Normal University — New Mexico Normal School.

Sec. 168. The State educational institution at Las Vegas shall be known by the name
and title of the New Mexico Normal University, and the State educational institution at
Silver City shall be known by the name and title of the New Mexico Normal School.

(C. L. 1897, §3651.)

(3) § 4975. Board of regents — Corporate powers.

Sec. 169. Said normal schools shall each be controlled and managed by a board of
regents consisting of five members to be appointed by the governor, by and with the advice
and consent of the senate, for a term of four years, and not more than three of whom shall
belong to the same political party at the time of their appointment. The members of such
board shall be qualified electors of the State and owners of real estate therein. Each such
board shall constitute a body politic and corporate, and shall have power to sue and be
sued, to contract and be contracted with, and the title to all property belonging to each
such normal school shall be vested in the respective corporate bodies and their successors.

(C. L. 1897, §3652.)

(Constitution, Art. XII, §13.)

(As to qualifications of members, see Constitution, Art. VII, §2.)

(4) § 4976. President and secretary and treasurer — Election — Bond of secretary.

Sec. 170. Each of such boards shall annually elect one member thereof as president
and another member as secretary and treasurer, and such officers shall hold their offices
until their successors shall be elected and qualified. The secretary and treasurer shall exe-
cute his bond to the State of New Mexico for not lesS than twenty thousand dollars, with
at least two freehold sureties, residents of the State, which shall be conditioned for the
faithful performance of the duties of such secretary and trasurer, and shall be approved
by the Governor and filed in the office of the Secretary of State.

(C. L. 1897, §3653.)

(5) § 4977. Board of regents — Meetings — Quorum.

Sec. 171. Each of said boards of regents shall hold at least four meetings during each
year at their respective normal schools for the purpose of discharging their duties, the time
of such meetings to be fixed by such board, and the president of such board may call special

30 STATE EDUCATIONAL INSTITUTIONS

meetings thereof when in his judgment the business of such schools demands the same.
Three members of such boards shall constitute a quorum for the transaction of business.

(C. L. 1897, §3654.)

(6) Lands, to Normal University.

Act of Congress, 6-21-98 50,000 acres

Act of Congress, 5-20-10 56,666 acres

Total 106,666 acres

(7) Lands, to Normal School.

Act of Congress, 6-21-98 50,000 acres

Act of Congress, 5-20-10 56,666 acres

Total 106,666 acres

(8) Appropriations eighth and ninth fiscal years. Normal University.

Maintenance $43,000

Heating plant, eighth fiscal year 10,000

Heating plant, ninth fiscal year 5,000

. (S. B. 75, Laws 1919.)

(9) Appropriations eighth and ninth fiscal years, Normal School.

Maintenance $55,000

(S. B. 75, Laws 1919.)

(10) § 4978. Id. — Powers — Superintendent — Studies — Admission of students.

Sec. 172. Said boards of regents shall have full and complete power and control over
their respective normal schools. Each board shall employ a superintendent or principal
for such school who shall have the supervision and control of the school under such rules
and regulations as may be provided by suet board. Such board shall determine and
provide as to what branches of learning shall be taught in such school and the classification
and order of the same, and shall also direct the number of teachers that shall be employed,
and shall determine the compensation to be paid to the superintendent and teachers. Such
board shall also prescribe upon what terms and conditions pupils shall be admitted to such
school, but no pupils shall be admitted who are not residents of this state, except on
payment of a tuition fee to be prescribed by the board of regents for each term.

(L. 1899, C. 18, §4.)

(11) §4979. President and secretary — Duties — Reports.

Sec. 173. The President of each board shall preside at all meetings thereof and shall
sign the proceedings of the same, and shall sign all orders directed by the board to be
drawn upon the treasurer thereof for the payment of money. In the absence of the
president at any meeting of the board, the members present shall elect a president pro
tem. The secretary of the board shall have charge of the records, books, and papers
belonging to such board, and shall keep a record of the proceedings of such board, and
shall issue and attest all orders directed by the board to be drawn upon the treasurer of
the same for the payment .of money. Such secretary, as treasurer, shall have the care and
custody of all moneys belonging to such school, and he shall pay out the same only upon
orders drawn upon him by direction of the board of regents and signed by the president
thereof; and at each regular meeting of such board such treasurer shall submit to the
same a statement showing a full account of the condition of financial affairs of such school.

(C. L. 1897, §3656.)

(12) §4980. Board of regents and secretary — Compensation.

Sec. 174. The members of the respective boards of regents shall be entitled to the
sum of two dollars per day during the time they shall be employed in the actual discharge
of their duties, and five cents per mile for each mile necessarily traveled in going to and
returning from their places of residence to the place of meeting of such board; but the per-
son who is elected as secretary and treasurer of such board shall be entitled to receive three
dollars per day durtng the sessions of such board, and mileage as above provided.

(C. L. 1897, 53657.)

(13) § 4981. Railroad fare for normal school students.

Sec. 175. The Board of liegents of the New Mexico Normal University and the New
Mexico Normal School are hereby empowered and directed to set aside out of the regular
appropriation for each of these institutions, the sum of Fifteen Hundred Dollars, to. pay
the railroad fare in excess of seventy-five miles, both going to and coming from said in-
stitutions, of all persons who enroll with a view of preparing to teach in the schools of New
Mexico. Provided, that such students shall be bona fide residents of New Mexico at the

STATE EDUCATIONAL INSTITUTIONS '31

time of entering sucli institution, shall have attended continuously for not less than eight
weeks, and shall file with the president of the institution a declaration of their intention
to teach in the State of New Mexico. The railroad fare thus provided for shall be paid but
once each scholastic year and over the shortest practical route of travel.

(L. 1913, C. 83, §2.)

(This is from the appropriation act of 1913, in which it appears twice.)

(14) §4982. Tlie New Mexico Normal University — Manual Training — Kindergarten

training school.

Sec. 176. There are hereby established as branches or departments of said New
Mexico Normal University, to be carried on at Las Vegas, a school of manual training for.
the State of New Mexico, the object of which shall be to instruct pupils, and to train and
qualify teachers to teach the use of hands and tools in the various useful arts of practical
value to the people of the state; and also a kindergarten training school to qualify teachers
of the state to use that system of teaching in the primary schools.
(L. 1899, C. 18, §2.)

(15) §4983. Non-sectarian.

Sec. 177. Said institution shall be forever strictly non-sectarian in its character and

management, and no creed or system of religion shall be taught, practiced, or exercised
in it.

(L 1899, C. 18, §3.)

(See Constitution, Art. XII, Sec. 9, and Art. XXI, Sec. 4.)

(16) § 4984. Eminent domain — Condemnation.

Sec. 178. The provisions of section 5152 shall be applicable to the New Mexico
Normal University with the same force and effect as if said institution had been one of
those mentioned therein.
(L. 1899, C. 18, §6.)

SPANISH AMERICAN NORMAL SCHOOL.

(17) § 4985. Spanish- American Normal school — Establishment — Location.

Sec. 179. The object of the Spanish-American School at El Rito shall be to educate
Spanish-speaking natives of New Mexico for the vocation of teachers in the public schools
of the counties and districts where the Spanish language is prevalent.

(L. 1909, C. 97, §1.)

(18) § 4986. Management — Trustees, appointment, etc.

Sec. 180. The management and control of said Spanish-American School, the appoint-
ment, qualification, powers and duties of its regents, shall be the same as provided for
the New Mexico Reform School and other institutions so far as applicable.
(L. 1909, C. 97, §2.)

(19) §4987. Instruction — Scholars obliged to teach — Entrance qualifications.

Sec. 181. The courses of instruction at said Spanish-American school shall be particu-
larly arranged for the training and qualification of teachers to give instructions in
English in the ordinary rural public schools of the state, and especially in those where
the greater part of the scholars belong to Spanish-speaking families.

Every scholar admitted to said school shall sign an obligation agreeing, in case he or
she graduates, to teach at least two years in public schools of the state, unless excused for
good cause by the State Board of Education.

No scholar shall be received in said school who has not passed the fourth grade as
established in the public schools of New Mexico in a satisfactory manner; or passes a
satisfactory examination for entrance in the fifth grade; and the regents of said school are
directed to make regulations to insure compliance with this provision.
(L. 1909, C. 97, §3.)

(20) Lands.

Act Congress, 6-21-98 56,666 acres

(21) Appropriations 8th and 9th fiscal years.

Maintenance . . ' $11,250

(S. B. 75, Laws 1919.)

DEAF AND DUMB ASYLUM.
(ARTICLE 8.)

( 1 ) Confirmed as State educational institution.

( 2 ) Name.

( 3 ) Management; appointment; officers; indebtedness; reports.

( 4 ) Management; powers.

32 STATE EDUCATIONAL INSTITUTIONS

( 5 ) Trustees; powers and duties.

( 6 ) Admission; instruction.

( 7 ) Lands.

( 8 ) Appropriations.

(1) Confirmed as State Educational Institution.

(Sec. 11, Art. XII, State Constitution.)

(2) § 5101. Asylum for deaf and dumb.

The .name of the asylum for the deaf and dumb is to be known as the "New Mexico
Asylum for the Deaf and Dumb."

(L. 1903, C. 2, §1.)

(3) §5102. Board of regents — Appointment — Officers — Superintendent — Indebtedness —

Report.

The said asylum, shall be under the control and management of a Board of Regents
consisting of five members to be appointed by the Governor, by and with the advice and
consent of the Senate for a term of four years. Not more than three of them shall belong
to the same political party at the time of their appointment. Said board shall make its own
rules and regulations for the government of its meetings and the institution under its
care. Annually on the second Monday of April said board shall elect from among their
number a president and a secretary.

The board shall have full power and authority to employ a superintendent, teachers
and all other necessary employes to carry on the said asylum in the most efficient manner
with the appropriations made therefor, with full power to provide suitable buildings,
additions to existing buildings, and otherwise enlarging and improving the buildings and
property now occupied by said asylum:

Provided, that it shall be unlawful for any member or members of said board to incur
any indebtedness or provide any improvements, repairs, or enlarge said buildings, except
for current expenses, unless there shall be money on hand in the treasury subject to be used
for such purposes.

Such board shall serve without compensation or salary except that they may be
refunded actual cash expended by them in necessarily attending the meetings of such board.

The said board shall biennially, in the years when the state legislature meets, present
to the Governor a full and detailed report including an itemized statement of all expendi-
tures and of all its doings and actions during the previous two years, with such information
and recommendations as it may deem necessary and advisable for the Governor and the
legislature to act upon.

(L. 1899, C. 42, §2.)

(4) § 5109. Management — Trustees — Qualification and terms — Powers.

Sec. 92. The management and control of each of said institutions mentioned in this
article, the care and preservation of all property of which they shall become possessed,
the erection and construction of all buildings necessary for their use, and the disbursement
and expenditure of all moneys appropriated by the State of New Mexico, or which shall
otherwise come into their possession, shall be vested in a board of five trustees, one of
such boards for each of said institutions. Said trustees shall possess the same qualifications,
shall be appointed in the same manner, and their terms of office shall be the same and
the vacancies therein shall be filled in the same manner as is provided by law with
reference to the regents of the State University at Albuquerque, New Mexico. Said trustees
and their successors in office shall constitute a body corporate, under the name and style
of "The Trustees of the New Mexico Asylum for the Deaf and Dumb," "The Trusteesi of
the New Mexico Reform School," "The Trustees of the New Mexico Institute for the
Blind" and "The Trustees of the Miners' Hospital of New Mexico," respectively, with the
right as such of suing and being sued, of contracting and being contracted with, of making
and using a common seal and altering the same at pleasure, and of causing all things to
be done necessary to carry out the provisions of this article. A majority of such board of
any of the above institutions shall constitute a quorum for the transaction of business, but
a less number may adjourn from time to time. The officers of each of said boards shall
bo elected in the same manner and possess the same qualifications as the officers of the
University of New Mexico now possess; and the secretary and treasurer respectively of
each such institutions located as aforesaid, shall each give bond in the sum of ten thousand
dollars, ($10,000) to the State of New Mexico, with two or more sufficient sureties resident
of this state, or by duly authorized surety company, conditioned for the faithful perform-
ance of their duties, and that they will faithfully account for and pay over to the person
or persons entitled thereto, at the time and in the manner provided by law, or pursuant to
contract, all moneys which shall come into their hands as such officers, which bond shall be
approved by the judge of the district court within whose district the said institution is
located, and after approval shall be filed and recorded in the office of the secretary of

STATE EDUCATIONAL INSTITUTIONS 33

state. The Governor shall be ex-officio a member of each of said boards, but shall not
have the right to vote or be eligible to office,

(L. 1903, C. 2, § 6.)

(5) §5110. Boards of trustees — Duties and powers.

Sec. 93. The boards of each of said institutions shall have power, and it shall be
their duty, to pass and enforce by-laws, rules and regulations for the government of such
institutions, for the proper carrying out of their several objects, not in conflict with the
laws of the State of New Mexico, or any act of congress, and to provide all proper and
necessary books, apparatus, instruments, medicines, clothing, food and supplies^ and
other .materials or things necessary for the proper conduct of the several institutions
hereinbefore named and the care, support and protection of the inmates thereof when
necessary; also to employ all teachers, physicians, wardens or superintendents and employes,
and to prescribe the duties and compensation of each, and they shall have full power to
remove or discharge any officer or employe appointed or selected by them in any of such
institutions, when in their judgment the interest of such institution shall require.

(L. 1903, C. 2, §7.)

(6) § 5103. Age for admission — Instruction free — Children not residents.

The asylum shall be devoted exclusively to the care and instruction of the deaf and
mutes, those who are either deaf or mute, of both sexes residents within the State of New
Mexico between the ages of eight and twenty-one years.

All instruction shall be free: Provided, that deaf or mute children from other states
or territories and Indian children under the control of U. S. Indian agents, may be received
and educated in said asylum, under such rules and regulations as the board of trustees may
prescribe; but in no event shall such children be admitted, except upon the payment or
guaranty of at least two hundred and twenty-five dollars for the school year on the basis
of nine months for such year, and the president of such board of regents is hereby authorized
to make and enter into on behalf of the said asylum, all necessary agreements and contracts
with the U. S. Government and the proper authorities of such other states and territories
for the reception and education of such children; and he ia further authorized to receive
and receipt for all moneys paid upon such account and to endorse and transfer all checks,
vouchers or other evidences of payment made or received in behalf of such asylum.

(L. 1899, C. 42, §3.)

(7) Lands.

Act Congress, 6-21-10 50,000 acres

(8) Appropriations, Sth and 9th fiscal years.

Maintenance , $22,000

(S. B. 75, L. 1919.)

INSTITUTE FOR THE BLIND.

(ARTICLE 9.)

(For Compulsory Attendance See Page 72.)

( 1 ) Confirmation as State educational institution.

( 2 ) Purpose and object.

( 3 ) Appropriations.

( 4 ) Powers.

(1) (Confirmed as State Educational Institution.)

(Sec. 11, Art. XII, State Constitution.)

(2) § 5105. Institute for the blind — Entrance conditions — Payment of charges.

Sec. 88. The New Mexico Institute for the Blind is intended and meant for the proper
instruction of the blind youth of the state.
(L. 1907, C. 4, §1.)

(3) Appropriations — Sth and 9th fiscal years.

Maintenance $27,000

Completion hospital, available 8th fiscal year only * $7,500

(S. B. 75, Laws 1919.)

(4) Powers.

(Same as Deaf and Dumb. See Page 31.)

CHAPTER 3.

EURAL SCHOOLS AND DISTRICTS

Art. 1. County Boards of Education. (Page 34.)
Art. 2. County School Superintendent. (Page 38.)
Art. 3. School Directors. (Page 40.)
Art. 4, County High Schools. (Page 42.)
Art. 5. Houses and Bonds. (Page 43.)
(See also School Property, Finance, Etc.)

COUNTY BOARDS OF EDUCATION.
(ARTICLE 1.)

( 1 ) Creation, corporation, powers.

( 2 ) Members, appointment, terms, county superintendent.

( 3 ) Classification and reference.

( 4 ) Officers, records, meetings, compensation.

( 5 ) Powers, general.

( 6 ) Powers, school maintenance and management.

( 7 ) District boundaries, location, expenses.

( 8 ) District boundaries, change and consolidation.

( 9 ) District boundaries, inter-county consolidation, method.

(10) Boundaries, inter-county consolidation, funds.

(11) Boundaries, inter county consolidation, directors.

(12) Boundaries, inter-county consolidation, taxes, effect.

(13) Agencies for board, appointment and revocation,

(14) Property, title, eminent domain.

(15) Funds, apportionment.

(16) Funds, payment, record.

(17) Funds, warrants, obligations.

(18) Warrants, certificates of indebtedness, limitation.

(19) Grades, limitation of, combination.

(20) Flags, purchase of.

(21) Savings clause.

(1) Creation, corporation, powers.

Sec. 1. For the purpose of centralizing control over the rural schools and more eco-
nomically administering the funds thereof, there is hereby created in each and every county
^n the state, and in each and every county hereafter created in this state, a county board
of education, which shall be a public corporation capable of suing and being sued, contract-
ing and being contracted with, and acquiring, holding, possessing, and disposing of both
real and personal property including the power to hold in trust all property and funds for
the use of any rural district, together with such. other powers as are hereinafter described.

Such corporation shall be styled " County Board of Education,'^ in which

name it shall sue and be sued, contract and be contracted with, acquire, hold, possess, and
dispose of all real and personal property.

(C. 105, L. 1917.)

(2) Members, appointments, terms, county superintendent.

Sec. 2. Immediately after the provisions of this act shall become effective each of the
district judges in the state, for each county in his respective district, shall appoint from
the electors of the county, no more than two of whom shall belong to the same political
party, four persons as members of the county board of education, at least one of whom
shall be appointed from each county commissioner's district and not more than one of
whom shall be resident of an incorporated city, town, or village in the county. Two of
such appointees shall be designated by said judge to hold office for a term of four years
and two for a term of two years from and after their appointment and qualification.
Every two years thereafter each of such judges shall appoint two members to each of said
boards to hold office for a term of four years and until their successors are appointed and
qualified, but in no event shall more than two members of said board be appointed from
among the residents of any one county commissioner's district nor more than one from
among the residents of an incorporated city, town or village. The county school superin-
tendent of each county shall be a member of said board and the president and presiding
officer thereof, but shall receive no additional compensation therefor.

(C. 105, L. 1917.)

(3) Classification — Reference.

Sec. 3. For the purpose of this act incorporated cities, towns and villages and terri-
tory attached thereto for school purposes shall be known as municipal school districts or
referred to herein as municipal schools and all others as rural school districts or referred
to herein as rural schools.
(C. 105, L. 1917.)

RURAL SCHOOLS AND DISTRICTS 35

(4) Administration — Compensation.

Sec. 4. The members of said board shall annually elect one of their members as vice
president and one as secretary, the former to preside at all meetings which the president
thereof does not attend, the latter to record and keep in a book furnished for that purpose
all the official proceedings of said board. All meetings shall be called and attended by the
county school superintendent, but in no case shall any official business be transacted by
said board in the absence of the president thereof, except where the waiver in writing of
his presence has been filed with the said board. The board shall hold a meeting at least
once in every two months and shall have power to call such special meetings as the presi-
dent shall deem necessary. All the members of the said board except the county school
superintendent shall be reimbursed from the school funds upon the warrant of the presi-
dent of said board for money by them expended for actual cost of transportation to and
from the place of meeting, at the rate of five cents per mile for every mile actually and
ncessarily traveled and shall, also, receive two dollars and fifty cents ($2.50) per day for
every day actually consumed in holding meetings, but no member shall receive in any one
calendar year more than the total sum of twenty-five dollars as per diem fees nor be reim-
bursed for said traveling expenses for more than ten meetings in any one calendar year.
The majority of the board shall constitute a quorum. The books and papers of said boards
shall be kept in the office of the county school superintendent.

(C. 105, L. 1917.)

(5) Powers, general.

Sec. 5. The said board shall have full power and control over all rural schools and
districts and the funds thereof, including high schools in rural districts and the funds there-
of, except as such power is now conferred upon the State Board of Education and the State
Superintendent of Public Instruction. Said boards shall, also, have power to contract for
and purchase all sites, buildings, equipment or other property for schools. All rural school
moneys in the respective county treasuries and all such money credited or to be cr»?ditei
to said schools shall be expended and disbursed upon warrant of the county board of edu-
cation only, signed by the president thereof, and countersigned by the secretary thereof,
and no contract of expenditure of said funds or any part thereof hereafter made, except in
the manner herein specified, shall be valid. No expenditures shall be made by said board
involving more than two hundred dollars except upon written contract of said board, and
no contract involving an expenditure of more than five hundred dollars shall be made by
said board, except upon sealed proposals and to the lowest responsible bidder. All equip-
ment and supplies for rural schools, whenever feasible, shall be purchased by said board in
quantities and at wholesale' prices. Teachers shall be employed by the board of school
directors with the approval of the county board of education.

(C. 105, L. 1917.)

(6) Powers — Expenses.

Sec. 8. County boards of education and boards of education of municipal districts
shall have power and be required to provide, by building, purchasing, or leasing, suitable
school houses; to keep same in repair, to provide the necessary furniture therefor, to pro-
vide for fuel and light, for the payment of teachers' wages, as well as other employees
excepting only the county school superintendent; to provide for the payment of interest
on school bonds and the redemption thereof, and to defray all other expenses connected
with the proper conduct of the public schools in their respective districts.
(C. 105, L. 1917.)

(7) § 4942. Boundaries, locations, expense of.

The boundary lines and corners of all school districts shall be accurately located by the
county surveyor of each county at the request of the superintendent, who shall prepare a
map showing the districts as contemplated in Section 4905. The expense of such proceed-
ings shall be charged to the county wherein the school district is situated and be allowed
by the board of county commissioners at the discretion of said board not to exceed fifty
($50.00) dollars a school district.
(L.1907, C. 97, §23.)

(8) Change — Consolidation.

Sec. 7. Eural school districts may be changed, abolished, altered, and consolidated
and the boundaries thereof altered or changed by the respective county boards of education
in their discretion, but nothing herein shall affect the provisions of Section 4877, Code of
1915. Provided, however, that the territory within a school district shall not be reduced
so as to make its bonded indebtedness exceed four per cent, of its assessed valuation, and
provided further that whenever a new school district is created or the boundaries of the
old district materially altered, the county board of education shall apportion the school
fund by way of credit as provided by law. After paying all indebtedness of the old dis-

36 RURAL SCHOOLS AND DISTRICTS

trict that is chargeable to the common school fund, if any balance remains, the county
board of education shall credit the said balance between the old and the new district in
proportion to the number of children of school age in each. All other resources such as
school houses, proceeds from sale of bonds, and all other similar indebtedness shall be di-
vided between the old and the new districts in prop9rtion to the taxable property accord-
ing to the assessed value in each. In making such adjustment the county board of educa-
tion is authorized to use such plans or means as will best subserve the mutual interests of
the districts and the decision of said board thereon shall be final, subject only to the right
of appeal to the district courts. In the event of a vacancy in the office of school director
because of the exercise of the power herein contained, the same shall be filled as provided
for in Section 4854, Code of 1915.

(C. 105, L. 1917.)

(9) Consolidation, inter-county, method.

Sec. 1. Upon the joint action of two or more county boards of education, having
jurisdiction, contiguous rural territory, situate and lying in a compact body in two or more
counties, may be consolidated into a school district by a vote of a majority of each of the
said boards at a joint meeting thereof. The said vote shall thereupon be certified to the
respective county clerks of said counties and to the superintendent of public instruction.
The said vote, favorable to consolidation, shall constitute the act of consolidation. The
county which, at the time of the consolidation, has the larger or largest number of school
children within the consolidated school district, as shown by the last official school enumer-
ation preceding such consolidation, shall be known for the purposes of this act as the domi-
nant county, and the others, the servient county or counties. The board of education of
the dominant county shall constitute the governing body of said consolidated district, with
the same control over the finances thereof as it now has over the other rural school districts
of the county.

(H. B. 61, L. 1919.)

(10) Consolidation, inter-county, funds.

Sec. 2. — All school funds of each county contributing territory to said consolidated
school district shall be apportioned to the fraction of said consolidated school district that
lies in such county, in the same proportion per capita of school children therein as
would be required by Section 11 of Chapter 105 of the Laws of 1917, were such fraction a
separate school district of such county. Immediately after every apportionment, the treas-
urer of each servient county shall transfer the amount due said consolidated school district
from his county, to the treasurer of the dominant county who shall credit the same to said
consolidated school district.

(H. B. 61, L. 1919.)

(11) Consolidation, inter-county, directors.

Sec. 3. Upon consolidation, under the provisions of this act, the school directors of
the former school district of the dominant county shall become the directors of the con-
solidated school district until the next regular election of school directors, and shall have
all rights, powers and duties specified by law for other school directors.

(H. B. 61, L. 1919.)

(12) Consolidation, inter-county, effect, taxes.

Sec. 4. School districts or parts of school districts consolidated under the provisions
of this act, except as herein otherwise provided, shall become, to all intents and purposes,
a school district of the dominant county. Elections in school matters being held and con-
ducted, and bonds issued for school purposes in the same manner as are held or done in
other rural school districts. Special taxes for local school district purposes and for the
payment of the bonds of said consolidated school district shall be collected with other
taxes by the dilTerent counties on the property in the fractions of said consolidated school
district therein situated, and the treasurer of each of the servient county or counties, shall
pay such taxes to the treasurer of the dominant county to be used for the purposes for
which they were levied.

(H. B. 61, L. 1919.)

(13) Agencies, appointment and revocation.

Sec. 9. The county board of education may constitute any board of school directors
in its county its agent for the purpose of executing any of the ministerial powers herein
granted to and chargeable against the said county boards of education, which delegation
of authority shall be in writing and may be revoked at the pleasure of said board.
(C. 105, L. 1917.)

(14) Property, title, eminent domain.

Sec. 6. The title to all property, both real and personal, of schools in rural districts

RURAL SCHOOLS AND DISTRICTS 37

shall be vested, and is hereby vested, in th.e county board of education, but nothing' herein
shall be construed as impairing the security of any bonds of any district heretofore issued
or now in process of being issued. The right to acquire real estate for school purposes
for rural districts is hereby vested in said board, by way of eminent domain, to be exer-
cised in the same manner as the power is or shall be exercised under the law by railroads.
(C. 105, L. 1917.)

(15) runds, apportionment.

Sec. 12. That Section 4837, Code of 1915, be and it hereby is amended so as to read
as follows: The county boards of education quarterly, and at their next meeting after
receiving notice that school funds are at their demand for apportionment to the credit of
the several districts, shall properly credit such districts with the amount approved, speci-
fying the number of the district, the number of children of school age in each district and
the amount of money apportioned by way of credit thereto, and a copy of this apportion-
ment report shall be filed within ten days thereafter in the office of the county clerk of the
county, and he shall also supply a duplicate copy thereof to any newspaper printed within
the county which will give publicity to the same free of charge as a matter of general
information.

(C. 105, L. 1917.)

(16) Funds, payment, records.

Sec. 42. That Section 8, Chapter 79, Laws of 1915, be and it hereby is amended so as
to read as follows: All payments on account of any rural school district or from the
funds thereof shall be made pursuant to the warrant of the county board of education.
Said boards shall keep and maintain an accurate record of all disbursements by them made^
as well as the purposes for which they were made.

(C. 105, L. 1917.)

(17) Funds, warrants, obligations.

Sec. 31. That Section 4914, Code of 1915, be and it hereby is amended so as to read
as follows: The county treasurer shall honor and pay all warrants drawn by the county
board of education against the fund placed to the credit of the district as herein provided.
In no event shall a county board of education contract for or incur obligations on such
account beyond the amount of money available in the county treasury for such purposes.

(C. 105, L. 1917.)

(18) Warrants, indebtedness.

Sec. 17. That Section 4855, Code of 1915, be and it hereby is amended so as to read
as follows: No board shall issue warrants or certificates of indebtedness of the school
district, in excess of the amount of the levy for one year, but all school orders shall draw
six per cent, interest per annum after having been presented to the county treasurer and
not paid for want of funds, which fact shall be indorsed upon the order by the treasurer;
and when there is sufficient money in the treasury to pay any such order the president and
secretary of the county board of education shall draw an order for the interest due on said
order and further interest shall cease from date of such order.

(C. 105, L. 1917.)

(19) Grades, combination.

Sec. 1. That in rural schools of the State of New Mexico where only one teacher is
employed, no grades shall be taught higher than the eighth grade if there are more than
six of the elementary grades being taught in such school; Provided, that two or more dis-
tricts may combine and under the direction of the county superintendent and by permis-
sion of the state superintendent may designate some centrally located school where the
higher grades may be taught and such provisions as are necessary for the maintenance of
such schools as shall be deemed necessary may be provided for by the said superintendents
together with the county commissioners.

(C. 29, L. 1917.)

(20) Flags.

Sec. 19. That Section 4860, Code of 1915, be and it hereby is amended so as to read
as follows: The respective county board of education having jurisdiction of the various
school districts shall procure at the expense of their respective districts, towns or cities,
for every public school not provided therewith, a United States flag not less than five feet
long, together with a flagstaff, and the necessary appliances therefor; and whenever the
flag, flagstaff or the necessary appliances therefor of any such school shall from any cause
become unsuitable for further use such boards of education shall in the same manner
purchase others in place thereof.

(C. 105, L. 1917.)

38 RURAL SCHOOLS AND DISTRICTS

(21) Savings Clause.

Sec. 10. Nothing contained in this act shall be construed to divest boards of education
in incorporated territory of any of the powers possessed by them, immediately preceding
the date of the passage of this act.

(C. 105, L. 1917.)

COUNTY SCHOOL SUPERINTENDENTS.
(ARTICLE 2.)

( 1 ) Eligibility to office.

( 2 ) Terms, right of succession.

( 3 ) Election, qualifying, terms.

( 4 ) Oath and bond.

( 5 ) Compensation, proviso.

( 6 ) Compensation when payable, fund.

( 7 ) Powers and duties.

( 8 ) Office attendance, director meetings, records.

( 9 ) Visiting schools, reports.

(10) Traveling expenses.

(11) Statistical reports.

(12) Penalty.

(1) Eligibility, women.

Women possessing qualifications of male electors are eligible to hold office of county
school superintendent.

(Sec. 2, Art. 7, State Constitution.)

(2) Terms, succession.

All county officers shall be elected for a term of two years, and after having served
two consecutive terms, shall be ineligible to hold any county office for two years there-
after.

(Sec. 2, Art. 10, State Constitution.)

(3) § 4832. County superintendent, election, qualifications, term.

A county superintendent of schools for each county shall be elected at each general
election, and shall enter upon the duties of his office on the first of January following his
election. Said county superintendent shall hold office for two years, or until his successor
shall have been duly elected and has qualified, unless sooner removed for cause.
(L. 1907, C. 97, §18, as amended by L. 1909, C. 121^ §11.)

(4) § 4833. Oath and bond.

Each county superintendent shall, before entering upon the discharge of the duties of
his office, take and subscribe to the oath or affirmation as provided by law, which oath
or affirmation shall be filed in the office of the county clerk. Within thirty days after
receiving his certificate of election or appointment as provided in this article, he shall give
k bond in the sum of two thousand ($2,000) dollars, to be approved by and filed with the
board of county commissioners of his county.

(L. 1907, C. 97, §19.)

(5) Compensation.

Counties. Amount.

First class $2000

Second class 1800

Third class 1500

Fourth class ' 1400

Fifth class 1300

** Provided, further, in counties in which there are less than eleven school districts,
the preceding year, the annual salary of county superintendents of schools shall be $750,
anything hereinbefore contained to the contrary notwithstanding. ' '
(Sec 2, C. 12, L. 1915.)

(6) Compensation, payable, fund.

Salaries of county school superintendents are payable quarterly * ' . . out of the general
county school fund.'*

(Sec. 14, C. 12. L. 1915.)

(7) Powers — ^Duties.

That Section 4834, Code of 1915, be and it hereby is amended so as to read as follows:
Subject to the supervision and direction of the State Superintendent of Public Instruction,
the couaty superintendent of schools shall have jurisdiction over all public schools within
his county, except those in cities, and except as otherwise provided by law, and such

RURAL SCHOOLS AND DISTRICTS 39

schools, including city schools, shall make such reports to the county superintendent and
to the State Superintendent of Public Instruction as may be required by the State Board
of Education. Each county superintendent shall visit each school within his county as
often as the State Board of Education may prescribe. He shall supervise the methods of
instruction employed in the various schools; consult with the school directors concerning
the improvement of their schools and the keeping of their accounts; enforce compliance
with the school laws; hold teachers' meetings for the advancement of the school interests
of his county, and perform such other duties as are provided by law for county superin-
tendents, and such as the State Board of Education may prescribe. On the third Monday
in January, April, July and October of each year, or as soon thereafter as the county school
superintendent shall receive the certificate of the Superintendent of Public Instruction
signifying the amount appropriated to each county for the use of the common schools of the
current year, he and the county board of education shall apportion such amount, together
with the county school fund for the same purpose, to the credit of the several districts
within the county, in proportion to the number of school children residing in each over five
and under twenty-one years of age, as the same shall appear from the last annual reports
of the clerks of the respective school districts, and such approved amounts credited to the
district shall be certified by said county board of education to the directors of the re-
spective school districts and to the county treasurer of the county; provided, that the
county board of education is authorized to leave in the county school fund a sufficient
amount to meet such warrants as may be legally drawn against said fund as elsewhere
provided by law.

(Sec 16, C. 105, L. 1917.)

(9) § 4835. Attendance at office — Duties — Meetings of school directors.

The county superintendent is required to be in attendance at the county seat on the
first Saturday in the months of August, September, October and November for the trans-
action of official business. He is empowered to examine from time to time the records and
account books of district directors outside of incorporated cities and towns and see to it
that the same are properly kept, and it is made obligatory upon all such directors to
meet at their accustomed place within the district at least once every thirty days during
the school term for the transaction of public business.
(L. 1903, C 119, Sec. 11.)

(10) Visiting schools — Reports.

Hereafter each county school superintendent shall visit each school room under his
supervision within his county at least once a year, and at such other times as the State
Superintendent of Public Instruction shall direct and spend at least one half day in each of
such visits, and ascertain the condition of such schools in said districts, the age and phys-
ical condition of the pupils attending such schools, the progress being made by such pupils
and all other facts tending to the betterment of such schools. Such county superintendent
shall thereupon report the result of such visits to the State Superintendent of Public In-
struction, with recommendations looking to the betterment of such schools, upon such
forms as he may provide, a copy of which report shall be transmitted to the county com-
missioners of the county.

(Sec. 1, C. 101, L. 1917.)

(11) Traveling expenses.

In addition to their regular salaries county superintendents shall receive an allowance
out of the general county fund, for traveling expenses actually incurred, not to exceed the
following schedule on the basis of school rooms under their supervision.

In counties with less than 30 $100.00

In counties with from 30 to 39 inclusive 150.00

In counties with from 40 to 49 inclusive 200.00

In counties with from 50 to 59 inclusive 250.00

In counties with from 60 to 79 inclusive 300.00

In counties with from 80 and over 350.00

(Sec. 2, C. 101, L. 1917.)

(12) § 4838. Statistical reports.

The scholastic year for all schools and educational institutions of whatever nature in
the State of New Mexico shall end June 15th of each year. Within ten days after such
date, the school directors of school districts, and the secretaries or clerks of the boards of
education of town, village and city schools, located within each county, shall file statistical
reports with the county superintendent, containing such items of information as are re-
quired by law. On or before July 15th of each year the county superintendents and the
heads of the various educational institutions shall make their annual statistical reports to
the Superintendent of Public Instruction, and thirty days thereafter the Superintendent
of Public Instruction shall make his annual report to the Governor of the State.
(L. 1907, C. 97, §24.)

40 RURAL SCHOOLS AND DISTRICTS

(13) Penalty.

That Section 4839, Code of 1915, be and hereby is amended so as to read as follows:
That every county school superintendent or other officer who shall wilfully neglect or refuse
to make and deliver the reports specified in Section 4838, Code of 1915, shall be deemed
guilty of misconduct in office and shall be removed from office as provided by law.
(C. 105, L. 1917.)

SCHOOL DIRECTORS.
(ARTICLE 3.)

( 1 ) Corporation, name.

( 2 ) Election, voters, ballots, oath, etc.

( 3 ) Terms.

( 4 ) Meetings, vacancies, powers.

( 5 ) New districts, election, superintendent's report.

( 6 ) Census enumeration, method.

( 7 ) Census enumeration, false, penalty.

(1) Corporation, name.

Sec. 14. That Section 4844, Code of 1915, be and it hereby is amended so as to read
as follows: Each school district shall be a body corporate by the name and style of School

District Number of the County of , and by such name may contract and be

contracted with, sue and be sued, in any of the courts of this State having competent
jurisdiction.

(C. 105, L. 1917.)

(2) § 4852. Election, voters, ballots, oath, etc.

Sec. 46. On the second Monday of March of each year the directors serving at that
time shall post notices of an election to be held by them on the first Monday in April by
the qualified voters for one school director. Only legal voters, residing in said district, shall
be qualified to vote at said election; the votes shall be by written or printed ballots, and
the election shall be held between the hours of eight a. m. and five p. m. on the first Monday
of April, at the public school house or some other convenient place to be specified in said
notice; the result of said election shall be certified by said directors to the county superin-
tendent, and the term of office of said directors shall begin on the first Monday of May
following their election. The directors so elected shall take and file with the county
superintendent, before the first Monday of May, an oath which shall be administered by
the directors serving, and in said oath shall be set forth the number of said school district.

Any school director who shall fail to call the election and post the notices therefor or
to correctly certify the result of such election as required in this section shall be deemed
guilty of malfeasance in office and shall be disqualified from again holding said office by
appointment or otherwise for a period of one year thereafter, and shall be fined not less
than twenty-five dollars nor more than one hundred dollars, or imprisoned in the county
jail not less than twenty-five nor more than one hundred days. And it shall be the duty
of the county school superintendent to make affidavit of the facts to the district judge or
before any justice of the peace and to act as prosecuting witness against said director.
The said school directors shall truly canvass the vote cast at the election and send the
ballots to the county school superintendent, together with their certificate of election,
where said ballots shall remain in his custody for the period of thirty days, during which
time notice of contests may be given by any person interested. If no such notice shall be
given within such period, the county school superintendent shall destroy such ballots. But
if such notice of contest be given it shall be his duty to turn the same over in exactly the
same condition as they were received by him to the county clerk of his county where they
may be examined under the same terms and conditions as ballots in other cases of contested
elections for county officers, and the same provisions shall apply to a contest for the posi-
tion of school director as is provided by law for contesting other county officers.

All legal voters residing in a school district shall be considered qualified voters of said
district, entitled to vote therein.

(Act of Feb. 12. 1891, L. 1891, C. 25, §19; C. L. 1897, §1532, as amended by Act of Mar.
16. 1899, L. 1899, C. 80. 511; Act of Mar. 19, 1903, L. 1903, C. 119, §2; Act of Mar. 21,
1907, L. 1907, C. 97, S 30;

(3) § 4853. Terms.

Sec. 47. At each election of such directors, only one director shall be voted for, except
in case of an election to fill a vacancy for an unexpired term, and he shall be elected and
hold his office for a term of three years from the first day of May thereafter.

(L. 1907, C. 98, §30.)

(4) Meetings, vacancies, powers.

Sec. 16. That Section 4854, Code of 1915, be and it hereby is amended so as to read as
follows: Five days after their qualification the school directors shall meet and elect a
chairman and a clerk, and two directors shall constitute a quorum, which shall be compe-

RURAL SCHOOLS AND DISTRICTS 41

tent to discharge all the duties of a full board. Should a vacancy occur from any cause,
notice shall be given to the county superintendent by the directors or a director, and
thereupon said county superintendent shall appoint a director to fill such vacancy until the
next election. The directors shall have the care and keeping of the school house and other
property therein or attached thereto. No school house or building shall be used for any
purposes other than those which may be prescribed by the county board of education.

(C. 105, L. 1917.)

(5) § 4841. New districts — ^Directors, how chosen — County Superintendent — Annual

report.

Sec. 35. Whenever a school district shall be formed in any county, the county superin-
tendent shall, within fifteen days thereafter, prepare and post a notice of the formation of
such district, describing its boundaries and stating the number thereof, and appointing a
time and place for the first district meeting to select schooj directors to act until the fol-
lowing election, at which one director shall be elected for one year, one for two years and
one for three years; and he shall also furnish to the county clerk the description and bound-
aries of each school district as soon as practicable after the same is formed. Should there
for any cause be no meeting in the newly formed district to select school directors, then the
county superintendent shall appoint school directors who shall act till their successors are
elected as provided by law. The county superintendent shall, on or before the 15th day of
October of each year, make out and transmit in writing to the State superintendent, bearing
date October 1st, a report containing a statement of the number of school districts in the
county, the number, age and sex of children residing in each over five and under twenty-one
years of age; the number of schools in the county; the length of time each school has been
taught; the number, age and sex of pupils attending the same; the number and sex of
teachers employed, branches taught and text books used; the number of private or select
schools or academies in the county as far as the same can be ascertained; the number, age
and sex of pupils and teachers employed and the branches taught; the amount of money
raised by taxes and paid for teachers' salaries in addition to the amount of public money
raised by tax or otherwise for the purpose of purchasing sites for school buildings, repair-
ing and furnishing school houses, and such other information as the State superintendent
may desire.

(L. 1907, C. 99, §1.)

(6) Census enumeration, method.

Sec. 18. That Section 4857, Code of 1915, be and it hereby is amended so as to read
as follows: The Directors of schools in the several school districts in the state shall on or
before the first day of September of each year, make an enumeration of all unmarried
persons between five and twenty-one years of age, giving the names, ages and sex of such
persons in full, and shall report the same in writing, which enumeration list shall be signed
by all the directors^ to the county superintendent within fifteen days thereafter. It shall
be the duty of the clerk of said school directors to correctly enumerate or cause to be
enumerated all unmarried persons of the respective school districts as specified herein.
For said enumeration he shall be paid from the funds in the hands of the county board of
education to the credit* of the district, the sum of one dollar and fifty cents for each one
hundred names or fraction thereof, thus enumerated. Enumeration list and the forms for
enumeration herein provided shall be specified by the State Superintendent of Public In-
struction.

Whenever a petition signed by one hundred qualified voters shall be presented to the
board of education or school trustees of any incorporated city, town or village in this
State praying therefor, any such board to which such petition is presented shall require the
person appointed to make the school census at the time of making such school census to
also ascertain and enumerate the number of persons residing in any such city, town or
village. All resident unmarried persons between said ages shall be entitled to attend the
schools of their district.
(C. 105, L. 1917.)

(7) Census, false list, penalty.

§ 4858. Census enumerators — False list.

Sec. 52. Any enumerator acting for the directors of schools of any district who shall
wilfully place fictitious names, or names of persons not actually residing in said district,
upon the official enumeration list, shall be declared guilty of a misdemeanor and on convic-
tion thereof, before any court of competent jurisdiction, he shall be punished by a fine of
not less than ten nor more than fifty dollars.
(L. 1905, C. 23, §2.)

42 RURAL SCHOOLS AND DISTRICTS

COUNTY HIGH SCHOOL.
(ARTICLE 4.)

( 1 ) Creation.

( 2 ) Establishment, election, ballots, certificate,

( 3 ) Admission, tuition.

( 4 ) Control and management.

( 5 ) Board, powers.

( 6 ) Courses.

( 7 ) Estimates, tax levies, funds.

( 8 ) Levy.

( 9 ) Funds, apportionment, certificates, establishment.

(10) Houses, sites, bonds.

(11) Houses, cost, maintenance.

(1) § 4963. Establishment — Creation.

County high schools may be established as hereinafter provided in this article in each
county in this State.

(L. 1913, C. 20, §1.)

(2) § 4964. Establishment, election, ballots, certificates.

"When petitioners to the number of one-fifth of the electors of the county, including
women qualified as provided in Section 1, Article VII of the State Constitution, shall peti-
tion to the board of county commissioners of any county requesting that an election be
called to determine the question of establishing a county high school in such county at a
place named in said petition, it shall be the duty of said board of county commissioners to
call an election for said purpose not less than thirty days following the meeting of said
board at which such petition is received. Said election shall, in all matters no1^ provided
for in this article be called, conducted and the returns made and canvassed as provided by
law for the election of county officers. At said election the ballots shair read *'For a

county high school at " and "Against a county high school at ." If a

majority of votes cast at said election shall be in favor of establishing suclv high school
it shall be the duty of said board to establish a high school at the place named in said
petition by executing a certificate under the seal of said board, of which certificate dupli-
cates shall be delivered to the county clerk and the assessor of said county.

(L. 1912, C. 57, §2.)

(3) § 4965. Id. — Admission — Tuition.

All children of school age residing in said county who have passed the elementary course
of study in the eighth grade, as prescribed by the board of education of the state or the
district wherein any such school is located, shall be admitted to such county high school
free of tuition.

(L. 1912, C. 57, §3.)

(4) Control and management.

Sec. 36. That Section 4966, Code of 1915, be and it hereby is amended so as to read as
follows: All of said high schools situate in a municipal school district shall be under the
control of the board of education and all such schools situate in a rural school district shall
be under the control of the county board of education.

(C. 105, L. 1917.)

(5) Boards, powers.

Sec. 41. That Section 4973, Code of 1915, be and it hereby is amended so as to read
as follows: The said boards of education wherein any such high school is established shall
employ and discharge teachers, regulate their salaries and shall have the power and author-
ity to make all necessary rules and regulations and to do all things for the proper manage-
ment and control of said county high school.

(C. 105, L. 1917.)

(6) Courses.

Sec. 40. That Section 4972, Code of 1915, be and it hereby is amended so as to read as
follows: The said boards of education where any such county high school is established
shall add to the course of study provided for such school the additional branches of manual
training, domestic science, the elements of agriculture and commercial science.

(C. 105, L. 1917.)

(7) Estimates — Tax Levy — Funds.

Sec. 37. That Section 4967, Code of 1915, be and it hereby is amended so as to read as
follows: For the purpose of maintaining county high schools, municipal boards of educa-
tion and county boards of education wherein such high schools are situate, shall annually
certify to the board of county commissioners of the county an estimate of the amount of
money needed for the purpose of maintaining said schools, and thereupon the board of

RURAL SCHOOLS AND DISTRICTS 43

county commissioners, at the time of making levies for other school purposes, shall levy-
not to exceed two mills on the dollar, an amount sufficient to produce the amount specified
in said estimates, said tax to be collected in the same manner as other taxes; when collected
by the county treasurer, said amount shall be placed to the credit of the said municipal
or county board of education, as the case may be, in separate fund known as and called
the ''County High School Fund.'' The levy provided for herein shall be called the
County High School Levy.
(C. 105, L. 1917.)

(8) Levy.

§ 4968. County higli school — ^Levy.

Sec. 162. For the purpose of maintaining county high schools the boards of education
or school directors of all the county high schools established in any county of the State
under this article shall be permitted to levy, in addition to the levies provided by law, an
additional levy to be known as the county high school levy which shall not exceed two
mills upon the dollar.

(L.1912, C. 57, §6.)

(Same as last section and probably repealed by it.)

(9) Funds, apportionment, certification, establishment.

Sec. 38. That Section 4969, Code of 1915, be and it hereby is amended so as to read
as follows: The treasurer of said county shall apportion said high school fund among the
high schools of the county established under this article, and if there be more than one such
high school, in the ratio shown by the number of children attending such high schools
during the preceding year. Provided, however, that no child shall be counted in determin-
ing said ratio who has attended said high school for less than half of the regular sessions
of its high school year. At the end of each high school year the president and secretary
of the said municipal and county boards of education, having such high school under oath,
shall certify to the treasurer of the county the number of such pupils attending the high
school during the preceding year as the basis for apportionment of the county high school
fund. Provided, further, that when an additional high school shall be established it shall
receive during the first school year not to exceed one-third of the moneys then in the
county high school fund. Provided, further, that more than one high school may be estab-
lished and designated as a county high school in any year, and in that case the county high
school fund shall be apportioned among such schools on the basis of attendance during the
preceding high school year for such schools. High schools now located and established in
any county of the state shall be designated and established as county high schools as pro-
vided in this article.

(C. 105, L. 1917.)

(10) School houses and sites — ^Bonds.

Sec. 39. That Section 4971, Code of 1915, be and it hereby is amended so as to read
as follows: Said boards of education wherein any such high school is established shall
proceed as soon as practicable after the establishment of said county high school to secure
the necessary site and buildings and are hereby authorized to bond the said district as now
provided by law for the purpose of providing the necessary site and buildings.

(11) School houses, cost, maintenance.
§ 4970. Id.— Cost of building.

Sec. 164. It is hereby expressly i)rovided that the cost of site, location of building
and erection and cost thereof for any such county high school shall h% entirely borne by
the district where such high school is established, and the county high school fund herein-
before provided for shall be used only for the maintenance and operation of the said
county high school or high schools.

(Act of June 10, 1912, L. 1912, C. 57, §8.)

HOUSES AND BONDS.
(ARTICLE 5.)

( 1 ) Houses, location,

( 2 ) Use.

( 3 ) State aid in construction, maintenance,

( 4 ) State aid, amount, etc.

( 5 ) Money, borrowing limitations.

( 6 ) Repeal, savings clause.

( 7 ) Bonds, maturity, interest, sale.

( 8 ) Bonds, election, issuance, sale, etc.

( 9 ) Bonds, school district boundaries,

(10) Bonds, assessment information.

(11) Bonds, election, no school house.

(12) Bonds, election unfavorable, procedure.

(13) Bonds, election unfavorable, penalty.

(14) School building fund.

(15) Plans, bids, contract, bond.

44 RURAL SCHOOLS AND DISTRICTS

(1) Houses, location.

Sec. 15. That Section 4845, Code of 1915, be and it hereby is amended so as to read as
follows: No public school house or building shall hereafter be situate or erected except
upon a public high way or thoroughfare.

(2) Use.

No school house or building shall be used for any purpose other than those which may
be prescribed by county board of education.

(Sec. 16, C.-105, L. 1917.)

(3) State aid, construction, maintenance.

Sec. 28. That Section 4911, Code of 1915, be and it hereby is amended so as to read
as follows: When the income of any school district in this state is insufficient to permit
the proper maintenance of schools therein, or when any school district is in imperative
need of additional funds for school purposes, it may through the county board of education
petition the superintendent of public instruction for sufficient funds out of the fund herein
created to enable the districts to build and construct suitable school houses or complete
or properly furnish the same. The application shall describe the boundaries of the district,
the amount of taxable property therein, the indebtedness thereof, the number of school
children therein who can be accommodated by such school buildings and all other facta
which may aid the said superintendent in determining the advisability of giving the aid
provided for herein. The application shall be signed by the school drectors of the district
and by the president of the county board of education and be presented to the superin-
tendent of public instruction.

(C. 105, L. 1917.)

(4) State aid, amounts, etc.

Sec. 29. That Section 4912, Code of 1915, be and it hereby is amended so as to read
as follows: If the application mentioned in Section 4911 bo approved by the Superin-
tendent of Public Instruction, the Auditor of the State shall draw his warrant in favor of
the treasurer of the county in which such district is situate to be by him credited to the
couny board of education for the school district, payable out of the fund herein created,
and the Treasurer of the State shall pay said warrant upon the endorsement of the said
county treasurer out of such fund. Provided, that not to exceed three hundred ($300)
dollars shall be allowed for building or completing any school building nor more than fifty
dollars for furnishing any school room and in every case the school district receiving the
aid shall furnish in labor or money at least one-third of the cost of the con.struction, 3om-
pletion, or furnishing of the school building or buildings. The site in all cases shall be
procured by the school directors unless the county board of education otherwise consents,
and the title thereof be vested in fee simple in the county board of education.

(C. 105, L. 1917.)

(Two preceding sections are unavailing in practice because no money is provided therefor.)

(5) § 4903. Money, borrowing, limitations.

Every school district, whether organized under the name of "school district" or
under the name of "board of education," shall have power and authority to borrow money
for the purpose of erecting and furnishing school buildings and purchasing school grounds,
but such power or authority shall exist only when the proposition to create the debt shall
have been submitted to the qualified electors of the district, and approved by a majority
of those voting thereon. No such school district shall ever become indebted in an amount,
including existing indebtedness, exceeding six per centum on the assessed valuation of the
taxable property within the district as shown by the preceding general assessment.

(L. 1912, C. 13, 81.)

(See Constitution, Art. IX, Sec. 11.)

(6) §4904. Repeal and savings clause.

All laws relating to issuing and payment of bonds, interest thereon, and elections to
authorize the same, shall be and remain in force as though the preceding section had not
been passed, except the provisions of said laws which are in conflict with the provisions of
said section.

(L. 1912, C. 13, 52.)

(7) Bonds, maturity, sale.

Sec. 22. That Section 4901, Code of 1915, be and it hereby is amended so as to read as
follows: For the purpose of erecting or completing school houses the county boards of edu-
cation shall have power and authority to borrow money, by issuing negotiable bonds of the
district wherein such buildings are to be erected or completed, said bonds to run for a
period of not less than twenty years nor more than thirty, to draw interest at the rate of
not to exceed six per centum per annum, with interest payable semi-annually or annually,

RURAL SCHOOLS AND DISTRICTS * 45

but such bonds shall not be sold for less than ninety per centum of par, with accrued
interest.

(C. 105, L. 1917.)

(8) Bond election — Bonds, issuance, sale, etc.

Sec. 23. That Section 4902, Code of 1915, be and it hereby is amended so as to read
as follows: Before any bonds shall be issued under the foregoing section the county board
of education, through the directors of the school district, shall submit to tha voters of their
district at the regular or any special election called for that purpose, the question of
issuing bonds, giving the same notice of such meeting as is now required to be given for
the election of directors, and the amount proposed to be raised by the sale of such bonds,
which question shall be voted upon by the qualified electors of the district, and if a major-
ity of all the votes cast upon that question be in favor of the issue of such bonds, then
said board shall issue bonds to the amount voted, in denominations of not less than twenty-
five dollars, nor exceeding five hundred dollars, due not less than twenty, nor more than
thirty years after date, and redeemable at the pleasure of the district at any time after ten
years, which said bonds shall be given in the name of the district issuing them and shall
be signed by the president of the board of directors, countersgined by the president of the
county board of education and attested by the secretary thereof. Said bonds shall be
delivered to the county treasurer, taking his receipt therefor; and said county treasurer
shall advertise for the sale of said bonds to the highest bidder, in at least four issues of
some weekly paper published in his county, or an adjoining county, and shall countersign
said bonds when negotiated; the county treasurer shall place the proceeds of such sale
of bonds to the credit of the proper district, to be paid out as provided for in the manner
of special district tax. The county treasurer shall stand charged upon his official bond
with all bonds that may be delivered to him, but any bond or bonds not sold may be re-
turned to the district and the treasurer credited with the same. Provided, that if such
bonds are issued for the building of a school house, that the contractor constructing the
same may receive in payment such bonds at their face value, or at the price offered by the
highest bidder. Provided, further, that none of such bonds shall be sold for less than
ninety cents on the dollar.
(C. 105, L. 1917.)

(9) §4905. Bonds — Boundaries.

Sec. 99. No bonds of any district shall be issued or any special tax levied until the
boundaries of said districts shall have been established and the property marked by monu-
ments or by natural objects as provided by law. The boundaries of all school districts in
this State, so far as possible, shall coincide with the precinct boundaries, and said bound-
aries shall be established by the proper authority, and the corners thereof marked by monu-
ments or natural objects with the words. District Number , in a permanent manner

marked upon them, and an outlined map of the district made, showing the length and
breadth thereof, and the proposed location of the school house; a copy of the said map to
be filed with the county superintendent.
(C. L. 1897, §1545.)

(10) — Bonds, assessment, information.

Sec. 24. That Section 4906, Code of 1915, be and it hereby is amended so as to read
as follows: In any school district where a special tax is in contemplation of being levied,
or of bonds being issued, and after the boundaries of the district have been properly de-
termined and marked for that purpose, it shall be the duty of the county assessor to certify
to the county school superintendent, the board of directors and the county board of educa-
tion a true and correct copy of the last general assessment of taxable property in the school
district. Whenever a special tax is to be levied or bonds to be issued in a newly created
district the assessor shall make an assessment of all the taxable property, real and per-
sonal, within the said newly created district, including therein all live stock which graze
wholly within the limits thereof, and shall certify said assessment to the county school
superintendent, the board of district directors, and the county board of education as pro-
vided herein.

(C. 105, L. 1917.)

(11) Bond election, no school house.

Sec. 26. That Section 4907, Code of 1915, be and it hereby is amended so as to read as
follows: The county superintendent of schools for each county of this state jointly with
the respective county boards of education shall have power in cases where any school dis-
trict in the county does not own a school house, upon a petition signed by twenty residents
of such school district, being each the head of a family and having children of school age
in the family, to order the school directors of such school district to submit the question of
issuing bonds of such district for the purpose of building a school house as provided for in
Section 23 to the voters of such school district.
(C. 105, L. 1917.)

46 ' RURAL SCHOOLS AND DISTRICTS

(12) Bond election, lost, procedure.

Sec. 27. That Section 4908, Code of 1915, be and it hereby is amended so as to read as
follows: In cases where the question of issuing such bonds has been or shall be submitted
to the voters of such school district, and shall fail to carry, then such county board of
education shall in writing order the county treasurer to set aside such portion of the
credited school fund of such district, not less than one-fifth thereof, yearly, for the purpose
of eventually building a school house for such district, and such fund shall be kept for such
purpose only, and such county boards of education shall, when in their opinion such fund
is sufficiently large for the purpose, build or cause to be built such school house.

(C. 105, L. 1917.)

(13) § 4909. Violation — Penalty.

Sec. 103. Any person failing to perform the duties required of him by the two pre-
ceding sections, shall be guilty of a misdemeanor, and on conviction thereof shall be pun-
ished by a fine of not less than one hundred dollars nor more than five hundred dollars;
and it shall be the duty of the State Superintendent of Public Instruction to see that said
sections are strictly enforced, and to make all proper complaints for violation thereof; and
it is further made the duty of all district attorneys to vigorously prosecute the same.

(L. 1899, C. 46, §3.)

(14) § 4910. School building fund created.

Sec. 104. Any balance remaining in the reserve fund created for the purpose of
enabling school districts to hold school for a term of five months, at the end of the school
year shall be set aside by the Treasurer of the State to the credit of the "School Building
Fund."

(L. 1913, C. 74, §1.)

(15) Plans, bids, contract, bond.

Sec. 30. That Section 4913, Code of 1915, be and it hereby is amended so as to read as
follows: Plans and specifications for the building, completing or furnishing of the school
building or school buildings of the district, specified in Section 4911, shall be prepared by
the county board of education or the respective school directors upon the order of said
board. The county board of education shall call for sealed bids for the construction, com-
pletion or furnishing of said school building or buildiings, allowing at least thirty days for
filing bids, with adequate notice of date and place of opening. The county board shall
open said bids and award the contract for building, completing or furnishing said school
house or houses, as, in their judgment, the best interests of the district may require. A
sufficient bond shall be required of the contractor for the full and faithful performance
of his contract.

(C. 105, L. 1917.)

CHAPTER 4.

MUNICIPAL SCHOOLS AND DISTRICTS

Art. 1. Provisions common to cities, towns and villages. (Pages 47-48.)

Art. 2. Cities. (Page 49.)

Art. 3. Cities and towns. (Pages 49-51.)

Art. 4. Towns and villages. (Pages 51-52.)

(See also school property, finance, county high schools, etc.)

CITIES, TOWNS AND VILLAGES— PROVISIONS COMMON TO ALL.
(ARTICLE 1.)

( 1 ) Reports, publication.

( 2 ) Bonds, classification, schools.

( 3 ) Bonds, issuance, limitations.

( 4 ) Bonds, election, denominations, execution, contractor.

( 5 ) Bonds, election, proclamation.

( 6 ) Bonds, sale, advertisement.

( 7 ) Bonds, registering.

( 8 ) Bonds, tax levy.

( 9 ) Bonds, interest, coupons,

(10) Bonds, payment.

(11) Bonds, emergency clause, effect.

(1) §4892. Annual report — Publication.

The board of education, at the close of each school year, or as soon thereafter as prac-
ticable, shall make an annual report of the progress, prosperity and condition, financial as
well as educational, of all the schools under their charge; and said report, or such portion
of it as the board of education shall consider of advantage to the public, shall be printed,
either in a public newspaper or in pamphlet form, and a copy furnished the county and the
State superintendent.

(C. L. 1897, §1580.)

(2) Bonds, classification schools.

Sec. 1. For the purpose of this act, each incorporated city, town and village and territory
attached thereto for school purposes or under the jurisdiction of the board of education
thereof shall be known as a municipal school district.

(H. B. 101, L. 1919.)

(3) Bonds, issuance, limitations.

Sec. 2. That boards of education of municipal school districts shall have power and
authority to borrow money for the purpose of purchasing school sites, and for the purpose
of erecting and completing school houses, and for enlargement and repair of school build-
ings, by issuing negotiable bonds of their district to run any period of not less than twenty
years nor exceeding thirty years, drawing interest at the rate of not to exceed six per cent
per annum, with interest payable semi-annually or annually, at such place as the board of
education issuing same may direct, which said indebtedness shall be binding and obliga-
tory on the school district for the use of which said loan shall be made. Provided, that no
such school district shall ever become indebted in an amount, including existing indebted-
ness, exceeding six per centum of the assessed valuation of the taxable property within the
district as shown by the preceding general assessment.

(H. B. 101, L. 1919.)

(4) Bonds, elections, denominations, execution, contractor.

Sec. 3. The board of education of any municipal school district may submit to the
voters of their district at the regular or any special election called for that purpose, the
question of issuing bonds and the amount thereof, which question shall be voted upon by
qualified electors of the district, and if a majority of all the votes cast upon that question
be in favor of the issue of such bonds, then said board shall issue bonds to the amount
voted, in denominations of not less than twenty-five dollars, nor exceeding five hundred
dollars, and redeemable at the pleasure of the board of education of said city, town or
village, at any time after ten years. Said bonds shall be given in the name of the board of
education of the municipal school district issuing them, and shall be signed by the presi-
dent, and attested by the clerk of such board and countersigned by the treasurer of such
city, town or village where such district is situated^ and shall not be sold for less than
ninety-five cents on the dollar. Provided, that if such bonds are issued for the building
of a school house or for the enlarging or repairing of a school building, that the contractor

48 MUNICIPAL SCHOOLS AND DISTRICTS

constructing the same may receive in payment such bonds at their face value, or at* the
price offered by the highest bidder.

(H. B. 101, L. 1919.)

(5) Bonds, election, proclamation.

Sec. 4. Upon the request of the board of education, it shall be the duty of the mayor
of such city, town or village forthwith to issue his proclamation for the holding of an elec-
tion for the purpose of submitting to the legal voters the question of issuing bonds of such
municipal school district, and he shall name therein the judges of election and the time and
place of said election. Such election shall be held and conducted in all other respects sub-
stantially the same as are elections for the city, town or village officers; but the returns
of such election shall be made to the board of education of the municipal school district
requesting the holding of the same, who are hereby authorized to canvass such returns and
their decision upon the result of such election shall be final.

(H. B. 101, L. 1919.)

(6) — ^Bonds — Sale advertisement.

Sec. 5. The clerk of said board of education shall advertise for the sale of said bonds
to the highest bidder in at least four weekly issues of some newspaper published in the
county in which such municipal school district is situated, and if there is no newspaper
published therein, then in a newspaper published in an adjoining county.

(H. B. 101, L. 1919.)

(7) Bonds, register.

Sec. 6. It shall be the duty of the clerk of the board of education of said municipal
school district to register, in a book provided for that purpose, or bonds issued under this
act, and such register shall show the number, date and amount of said bonds and to whom
made payable, the interest paid thereon and the final payment thereof.

(H. B. 101, L. 1919.)

(8) Bonds, levy.

Sec. 7. The board of education at the time of its annual levy of taxes for the support
of schools shall also levy a sufficient amount to pay the interest, as the same accrues, on
all bonds issued under the provisions of this act, and also to create a sinking fund for the
redemption of said bonds, and said amounts when paid into the treasury shall be and re-
main a specific fund for said purpose only, and shall not be appropriated in any other way.
Provided, there shall be no levy for sinking fund until ten years after the issue of said
bonds, if they be for twenty years, and fifteen years after the issue, if they be for thirty
years. Such specific fund and the property of such municipal school district are hereby
pledged to the payment of the interest and principal of the bonds provided for in this act
as the same become due.

(H. B. 101, L. 1919.)

(9) Bonds, interest, coupons.

Sec. 8. Whenever the interest coupons of any bonds herein authorized shall become
due, they shall be promptly paid on presentation by the treasurer of such city, town or
village out of any money in his hands for that purpose, and he shall endorse upon the face
of such coupons in red ink the word "Paid," and the date of payment, and sign the initials
of his name thereon and forthwith deliver the same to the clerk of said board of education
to be by him destroyed in the presence of said board of education, at their next regular or
called meeting, which fact shall be entered on record in the minutes of such board of edu-
cation.

(H. B. 101, L. 1919.)

(10) Bonds — Payment.

Sec. 9. When bonds issued under this act shall have been paid, it shall be the duty of
the treasurer of said city, town or village, to endorse upon the face of such bonds in red
ink the word "Paid," and the date of payment, and sign the initials of his name upon the
same, and forthwith deliver the same to the clerk of such board of education to be by him
destroyed in the presence of said board of education, at their next regular or called meet-
ing, which fact shall be entered of record in the minutes of such board of education.

(H. B. 101, L. 1919.)

(11) Effect.

Sec. 10. (Emergency clause.)
(H. B. 101, L. 1919.)

MUNICIPAL SCHOOLS AND DISTRICTS 49

CITIES.
(ARTICLE 2.)

(See also Cities and Towns.)
( 1 ) Board, membership, terms.
( 2 ) Board, election.
( 3 ) Board, election, method, registration.

§ 4867. Board, membership, terms.

Sec. 61. The board of education in each, incorporated city shall consist of five mem-
bers, who shall be elected at large from such city, for the term of four years.

(L. 1912, C. 43, §1.)

§ 4868. Board, election.

Sec. 62. The qualified electors of such city and of the territory outside of said city
attached thereto for school purposes, shall on the first Tuesday of April, 1915, elect two
members of the board of education and on the first Tuesday of April, 1917, three members,
and thereafter a regular election of members succeding those whose terms expire, shall be
held on the first Tuesday of April of each odd numbered year.

(L. 1912, C. 43, §2.) ^

§ 4869. Board, election, method registration.

Sec. 63. The election provided for in the two preceding sections shall be held, the
returns thereof made and canvassed, and the certificates of election issued in accordance
with the laws applicable to elections of officers of incorporated cities, except that no regis-
tration shall be required.

(L. 1912, C. 43, §3.)

CITIES AND TOWN'S.
(ARTICLE 3.)

( 1 ) Reference.

( 2 ) School, creation, duration (terms), exclusion.

( 3 ) Sectarian doctrines.

( 4 ) Territory annexation, method.

( 5 ) Property, taxation. '

( 6 ) Board, corporation, powers.

( 7 ) Board, members, election, terms, and qualifications.

( 8 ) Board, vacancies.

( 9 ) Board, compensation.

(10) Board, meetings.

(11) Board officers, president, vice-president, clerk. .

(12) President, duties.

(13) Vice-president, duties.

(14) Treasiirer, bond, duties, compensation.

(15) Clerk, duties.

(16) Clerk, bond.

(17) Board, powers.

(18) Superintendent, employment, powers.

(19) Superintendent, employment, term.

(1) § 4875. Reference.

All cities and towns shall be governed by the succeeding provisions of this subdivision.
(C. L. 1897, §1561.)

(2) §4876. Schools, creation, duration (terms), exclusion.

In each city or town governed by this subdivision, there shall be established and main-
tained a system of free common schools, which shall be kept open no less than three nor
more than ten months in any one year, and shall be free to all children residing in such city
or town, between the ages of five and twenty years. But the board of education may,
when school room accommodations are insufficient, exclude for the time being children
between the ages of five and seven years.

(C. L. 1897, §1562.)

(See Constitution, Art. XII. Sees. 1 and 4.)

(3) § 4894. Sectarian doctrines not to be taught.

No sectarian doctrine shall be taught or inculcated in any of the public schools of the
city or town.

(C. L. 1897, §1582.)

(4) §4877. Territory, annexation, method.

Territory outside the city limits, but adjacent thereto, may be attached to such city
or town for school purposes upon application to the board of education of such city or town
by a majority of the electors of such adjacent territory, and upon such application being

50 MUNICIPAL SCHOOLS AND DISTRICTS

made to the board of education they shall, if they deem it proper and to the best interests
of the school of said city or town and the territory seeking to be attached, issue an order
attaching such territory to such city or town for school purposes, and to enter the same
upon their journal, and such territory shall, from the date of such order, be and compose
a part of such city or town for school purposes only, and the taxable property of such ad-
jacent territory shall be subject to taxation, and shall bear its full proportion of all ex-
penses incurred in the erection of school buildings and in maintaining the schools of such
city or town.

(C. L. 1897, 51563.)

(5) § 4895. Property exempt from taxation and execution.

All property held by the board of education for the use of public schools shall be
exempt from taxation.

(C. L. 1897, §1583.)

(6) § 4878. Boards — Corporate powers.

The public schools of each city organized in pursuance of this subdivision shall be a
body corporate, and shall possess the usual powers of a corporation for public purposes, by

the name and style of the Board of Education of the city (or Town) of , of the

State of New Mexico, and in that name may sue'or be sued, and be capable of contracting
and being contracted with, of holding and conveying such real and personal estate as it may
come into possession of by will or otherwise, or as is authorized to be purchased by the
provisions of this subdivision.

(C. L. 1897, §1564.)

(7) §4879. Board, members, election, terms, qualifications.

No member of the board of education shall be a member of the council or town trustees,
nor shall any member of the council or town trustees be a member of the board of educa-
tion. Each member of the board of education shall be a qualified elector of the State of
New Mexico, and shall have resided in the district at least two years next preceding the
election, and shall be a tax payer.

(Act of Feb. 26, 1891, L. 1891, C. 77, §12, as amended by Act of Feb. 23, 1893, L.1893,
C. 39, §1, C. L. 1897, §1567.)

(8) § 4880. Board vacancies.

The board of education shall have power to fill any vacancy which may occur in their
body. Provided, that any vacancy occurring more than ten days previous to the election
and having an unexpired .term of one year, shall be filled at the first election thereafter;
and the ballots and returns of elections shall be designated as follows: To fill unexpired
term.

(C. L. 1897, §1568.)

(9) §4884. Board, compensation.

No member of the board of education shall receive any pay or emolument for his
services.

(0. L. 1897, §1572.)
In the absence of a definite contract of employment, services rendered by a member
of a board of education are presumed to be voluntary services in connection with official
duty for which there can be no recovery.

(Snyder v. Bd. of Education, 10 N. M. 446; 62 Pac. 1090.)

(10) § 4891. Board, meetings.

The regular meetings of the board of education shall be upon the first Monday of each
month, but special meetings may be held from time to time, as circumstances may demand.

(C. L. 1897, §1579.)

(11) Board officers, president, vice president, clerk.

The board of education, at its regular meeting in May of each year, shall organize" by
the election of a president and vice president from among its own members, each of whom
shall serve for the term of one year or until their successors are elected and qualified; they
shall also elect a clerk, who shall hold his office during the pleasure of the board, and who
shall receive such compensation for his services as the board may allow.

(C. L. 1897, § 1570.)

(12) §4887. President, duties.

It shall be the duty of the president to preside at all meetings of the board of educa-
tion, to appoint all committees, whose appointment is not otherwise provided for, and to

MUNICIPAL SCHOOLS AND DISTRICTS 51

Sign all warrants ordered by the board of education to be drawn upon the treasurer for
school moneys.

(C. L. 1897, §1573.)

(13) § 4888. Duties of vice president.

It shall be the duty of the vice president to perform all the duties of the president, in
case of his absence or disability.

(C. L. 1897, §1574.)

(14) § 4883. Treasurer, bond, duties, reports, salary, depositories.

The treasurer of the city or town shall be ex-officio treasurer of the board of education,
and shall give such bond to the board of education as the board may require, said bond to be
approved by the board of education and filed with its clerk. The treasurer shall attend all
the meetings of the board when required to do so; shall prepare and submit in writing a
monthly report of the finances of said board, and shall pay school moneys only upon a war-
rant signed by the president or, in his absence, by the vice president, and countersigned
by the clerk. The treasurer shall receive from the board of education fifty dollars per an-
num for his services as treasurer, and no more.

(C. L. 1897, §1571.)

(15) §4889. Duties of clerk.

It shall be the duty of the clerk to be present at all meetings of the board, to keep
an accurate journal of its proceedings, to take charge of its books and documents, to coun-
tersign all warrants for school moneys drawn upon the treasurer by order of the board
of education, and to perform such other duties as the board of education or its committees
may require.

(C. L. 1897, §1575.)

(16) § 4890. Id.— Bond of clerk.

Before entering upon the discharge of his duties, the clerk of the board of education
shall give bond in the sum of one thousand dollars, with good and sufficient sureties, to be
approved by the board, conditioned for the faithful performance of the duties of his office,
which together with his oath shall be filed with the treasurer, all other oaths and bonds
shall be filed with the clerk.

(C. L. 1897, §1576 and §1591.)

(17) §4881. Boards, powers.

The board of education shall have power to elect their own officers, except the treas-
urer; to make their own rules and regulations, subject to the provisions of this subdivision;
to organize and maintain a system of graded schools; to establish a high school whenever
in their opinion the educational interests of the city demand the same, and to exercise the
sole control over the schools and school property of the city or town.

(C. L. 1897, §1569.)

(18) §4885. Superintendent, employment.

In addition to the privileges, powers and duties of boards of education heretofore pre-
scribed by law, the power is granted to boards of education for districts consisting of in-
corporated cities to employ a city or district superintendent, who, in conjunction with the
board of education, shall be authorized to hold special teachers' institutes for the instruc-
tion of teachers.

(L. 1901, C 27, §3, as amended by L. 1907, C. 97, §30, and as further amended by L. 1912,
C. 51, §8.)

(19) §4886. Superintendent's employment, term.

District superintendents in districts consisting of incorporated cities or towns shall be
employed for a term of not to exceed two years, and their duties other than now specified
by law may be defined by the board of education of such incorporated city or town.
(L. 1903, C. 119, §16.)

TOWNS AND VILLAGES.
(ARTICLE 4.)

( 1 ) Board, election, powers.

( 2 ) Board, voters, terms.

( 3 ) Board, election, returns, registration. ,

( 4 ) Board powers.

( 5 ) Board powers.

52 MUNICIPAL SCHOOLS AND DISTRICTS

(1) §4870. Board of education for incorporated town or village.

There shall be elected, in each incorporated town or village, a board of education
which shall consist of five members and "vv'ho shall be elected at large from any portion of
the territory subject to the jurisdiction of such board of education for a term of four years.

(L. 1913, C. 67, §1.)

(2) §4871. Board, election.

The qualified electors of such town or village, and those residing within any portion
of the territory subject to the jurisdiction of said board of education, shall, on the first
Tuesday of April, 1915, elect two members of the board of education, and on the first
Tuesday of April, 1917, three members, and thereafter a regular election for members suc-
ceeding those whose terms expire shall be held on the first Tuesday of April of eacli odd
numbered year. Provided, that in towns incorporated under special acts, said election shall
be held on the second Tuesday in April of each odd numbered year.
(L. 1913, C. 67, §2.)

(3) § 4872. — ^Board, election and returns, registration.

The election herein provided for shall be held, the returns thereof made and canvassed,
and the certificates of election issued in accordance with the laws applicable to elections
of officers of the respective incorporated towns and villages wherein said boards of educa-
tion are established, except that no registration shall be required.

(L. 1913, C. 67, §3.)

(4) §4873. — ^Board, powers.

The board of education shall have sole control over schools and school property within
the said incorporated town or village, the territory thereto attached for school purposes,
and the school district of which said town or village^ before incorporation, was a part, all
of which shall constitute the territory subject to the jurisdiction of such board of educa-
tion for school purposes only, to the same extent as the territory located within the limits
of such incorporated town or village.

(L. 1913, 0. 67, §4.)

(5) §4874. Board, powers.

Such board of education shall have all the powers and privileges and be subject to all
the duties and requirements provided by law for boards of education in incorporated cities
and towns.

(h. 1913. C. 67, 55.)

CHAPTER 5.

SCHOOL PEOPERTY, FINANCE AND MISCELLANEOUS PROVISIONS.

Art. 1. Property. (Pages 53-55.)

Art. 2. Taxation. (Pages 55-57.)

Art. 3. Funds. (Pages 57-62.)

Art. 4. Miscellaneous. (Pages 62-65.)

SCHOOL PROPERTY.
(ARTICLE 1.)

( 1 ) Non-taxable.

( 2 ) Execution proof.

( 3 ) Gifts, conservation and preservation.

( 4 ) Insurance.

( 5 ) Non-insurance, penalty.

( 6 ) Sale, transferred, etc.

( 7 ) Lending credit.

( 8 ) Embezzlement of.

( 9 ) Townsite, remainder school property.

(10) Townsite, appraisers, appointment, duties, oath.

(11) Townsite, appraisement.

(12) Townsite, sale, terms, limitations.

(13) Townsite, sale notice, time.

(14) Townsite, sale, procedure.

(15) Townsite, new appraisement.

(16) Townsite, sale, proceeds.

(17) Townsite, sale, improvements.

(18) Townsite, sale, purchaser, expenses.

(19) Townsite, sale, conveyances.

(1) (School property is exempt from taxation.)

(Sec. 3, Art. 8, State Constitution.)

(2) (School property is not subject to execution.)

(Sec 7, Art. 8, State Constitution.)

(3) §4918. Gifts, conservation, preservation.

In case any person or persons shall will, bequeath, or in any other way donate money
or other property for the benefit of any kind of public educational institution, school dis-
trict, or other educational interest, it shall become the duty of the district court of the
district in which the beneficiary of such benefaction is located to see to it that said bene-
faction is sacredly conserved and administered in accordance with the terms and wishes
of the donor or donors. Provided, that if said donor or donors have not provided for or
named the executors of their wishes, the judge of said district court shall appoint three
proper persons, under sufficient bond, to administer the same.

(L. 1907, C. 97, §27.)

(4) Insurance of, required.

Sec. 20. That Section 4899, Code of 1915, be and it hereby is amended so as to read
as follows: The respective county boards of education are hereby required to insure all
school property in rural districts and to pay all premiums thereon from the funds credit to
such districts over which they may have control.

(C. 105, L. 1917.)

(5) Non-insurance, penalty.

Sec. 21. That Section 4900, Code of 1915, be and it hereby is amended so as to read
as follows: Any failure of any of the officers mentioned in the preceding sections of this
article to carry out their provisions in the letter and the spirit thereof, shall subject such
officers to removal and to a forfeiture of their official bond for the benefit of the school
district so injured thereby.

(C. 105, L. 1917.)

(6) Title, transfer, etc.

Sec. 33. That Section 4919, Code of 1915, be and it hereby is amended so as to read
as follows: Except as otherwise provided by law, all property belonging to rural school
districts, and all property the title of which is or may be vested in the county board of
education, shall not be sold, transferred or disposed of, except for cash or its equivalent
and with the written consent of the Superintendent of Public Instruction.

(C. 105, L. 1917.)

54 SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS

(7) Lending credit.

(No school district shall lend its credit or make donations.)
(Sec. 14, Art. 9, State Constitution.)

(8) § 4915. Emljezzlement.

Any official, into whose hands any of the moneys or funds provided for in the preced-
ing five sections (Sees. 4910 to 4914, inc.), shall come, or who shall use any portion of such
moneys or funds, for any purpose other than the purposes herein specified and provided for,
shall be deemed guilty of embezzlement and upon conviction shall be punished by a fine of
not more than $1,000 or by imprisonment for not more than five years, or both, and in
addition thereto shall be summarily removed from office by the court imposing sentence
and shall thereafter be ineligible to hold any office of trust or profit in the State.
(L. 1913, C. 74, §6.)

(9) § 4920. Unsold lots belong to school district.

When the corporate authorities of any town, or the probate judge of the county, for
any county in, this State in which any town may be situated, shall have entered at the
proper land office, the land or any part of the land settled and occupied at the site of such
town, pursuant to and by virtue of the provisions of the act of congress, entitled, An act
for the relief of citizens of towns upon the lands of the United States under certain circum-
stances, passed May 23rd, 1844, and any amendments that may be made thereto, or where
such land may be entered by the proper authorities under and by virtue of any special act
of congress, and where the corporate authorities fail to comply with the provisions of
Sections 5519 et seq and any blocks, lots, shares or parcels of said land remain unsold, the
title to said unsold blocks, lots, shares or parcels of land shall vest and be in the school
district in which said land is located, and it shall be the duty of the board of trustees of
such town to transfer, by proper deed of conveyance, said unsold blocks, lots, shares or
parcels of land to the board of education of such school district.
(C. L. 1897, §1600.)

(10) § 4921. Appraisers, appointment, oath and duties.

The board of education of any such school district shall appoint by order or resolution,
a board of appraisers, to consist of three freeholders of any such school district, who shall
have no interest in said unsold blocks, lots, shares or parcels of land or the improvements
thereon. Each of said appraisers shall take an oath to faithfully discharge his duties as
such appraiser and shall file such oath in the office of the clerk of said board of education
before commencing his duties as such appraiser. ■ In case such appraisers should fail or
neglect to make the appraisement hereinafter specified and file the same with the clerk of
such board of education within ten days after their appointment, then said board may ap-
point a new board of appraisers for the purpose herein provided.

(C. L. 1897, §1602.)

(11) §4922. Appraisements.

Said appraisers shall appraise all such blocks, lots, shares and parcels of land, thus
conveyed to such board of education, at their just and full cash value, and file their written
appraisement as aforesaid. Said appraisement shall contain a description of each lot or
parcel of land so appraised and a statement of the cash value of each lot and parcel of
land so appraised. Said appraisers shall make a separate statement of the value of such
lots and parcels of land without improvements and the aggregate value of both; there shall
be attached to such appraisement a written affidavit of the said appraisers, verifying each
statement of such appraisement and alleging that each of &aid lots or parcels of land is
appraised at its just and full value.
(C. L. 1897, §1603.)

(12). §4923. Sale, terms, limitations.

Any or all of said lots may be sold at any time by such board of education either at
public vendue to tho highest bidder for cash, or at private sale for cash, in the discretion
of the board of education. Provided, that no block, lot, share or parcel of land shall be
sold for less than tho appraised value thereof.

(Act of Feb. 25, 1897; L. 1897, C. 20, §5; C. L. 1897, §1604.)

(13) §4924. Notice of sale, time.

"When any of said blocks lots, shares or parcels of land arc to be sold at public vendue,
the president of the board of education shall give notice, signed in his official capacity, of
the time and place of sale of blocks, lots, shares or parcels of land to be sold, by advertise-
ment, published in the county where such school district is situated, or if no newspaper is
published in said county, then in the newspaper published nearest said school district. Such
public sale shall be advertised to be made at some public place in said town, and to be
sold at some specified time between the hours of sunrise and sunset.

(C L. 1897, §1605.)

SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS 55

(14) § 4925. Sale — ^Procedure.

Such, lots or parcels of land shall be offered for sale singly, unless a greater price can
be obtained by selling several lots or parcels of land together^ in which case several lots or
parcels of land can be sold together. Such public sale may be continued, if necessary,
from day to day, for a period not to exceed three days at any one sale.

(C. L. 1897, §1606.)

(15) §4926. New appraisement.

A new appraisement of lots or parcels of land to be sold shall be made, in case no
appraisement thereof has been made for three months next preceding the date of such sale.
Said new appraisement shall be made, either by the old board of appraisers, or a new board
of appraisers, to be appointed in the same manner and with the same qualifications as the
first board of appraisers. New boards of appraisers may be appointed whenever necessary
to have any of said blocks, lots, shares or parcels of land appraised for sale.

(C. L. 1897, §1607.)

(16) § 4927. Sale, disposition of proceeds.

The moneys arising from the sale of said blocks, lots, shares and parcels of land, after
defraying the expense of such sales, shall be paid into the treasury of such school district
and applied to the support and maintenance of free^ non-sectarian public schools, within
the limits of any such school district, or used and expended by said school district in the
erection of school buildings for the use of the public schools of said district and for furnish-
ing such buildings, and for no other purpose.

(C. L. 1897, §1608.)

(17) § 4928. Rights of person making improvements.

In all cases when prior to February 25, 1897, any person may have entered thereon and
improved any lots belonging to such school district, such person, after the report of such
board of appraisers, may purchase any of such lots from the said board of education for
cash at the appraised value of said lots, exclusive of improvements.

(C. L. 1897, §1609.)

(18) § 4929. — Purchaser to pay expenses.

All persons purchasing any lots or parcels of land as above provided shall pay for the
drawing, execution and acknowledgment of the deed of conveyance, together with fifty
cents to the clerk of such board of education, for attestation with seal of said board of
education, by the clerk of said board.

(C L. 1897. §1610.)

(19) §4930. Sale, conveyances.

All conveyances of lots or parcels of land, mentioned in Section 4929, shall be signed
by the president of the board of education and attested by the clerk of said board, and
shall have the seal of said board of education affixed thereto, and be acknowledged by the
president of the board of education in the same manner as other conveyances of real estate.

(C. L. '97, § 1611.)

SCHOOL TAXATION.
(ARTICLE 2.)

( 1 ) State tax, current school fund.

( 2 ) County, maintenance tax, purposes, limitations and repeal.

( 3 ) District levies, estimates.

( 4 ) District tax, special levy.

( 5 ) District tax, credit of special levy.

( 6 ) Tax, appeals.

( 7 ) Non-appplication to high schools.

( 8 ) Poll tax, levy, against whom, amount, etc.

( 9 ) Poll tax, posting list, reports.

(10) Poll tax, exemptions, soldiers, etc.

(1) State tax, current school fund.

Sec. 1. That the board of county commissioners of each county shall annually levy and
collect a tax of one-half of one mill on the dollar upon all the taxable property in the county
for the maintenance of the public schools, the proceeds whereof shall be paid over to the
state treasurer as are other state taxes and shall be added to the state current school fund.

(C. 79, L. 1915.)

(For Apportionment State Current School Fund See Page 61.)

(2) County tax, maintenance, purposes, limitations and repeal of supervision tax com-

mission.

The board of county commissioners shall annuallj, at the time of levying other taxes,
levy a special school tax not to exceed eighteen mills upon all taxable property of its

56 SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS

respective county, whicli, together with the other revenues provided by law, shall produce
sufficient revenue to support and maintain said schools in municipal school districts and in
rural school districts where there is or is to be established a graded school with at least
four teachers, for the full period of nine (9) months, and in rural school districts for the
full period of seven (7), eight (8) or nine (9) months in accordance with the estimates as
made and finally passed upon for such districts. And provided further that the amount
which may be expended by any rural school district, where no such graded school is main-
tained, for all purposes except the construction, purchase, lease, repair or equipment of
school houses, shall not during any school year exceed the sum of seventy dollars ($70.00)
per month per school room in which a teacher holding a third grade certificate is employed
nor more than ninety dollars ($90.00) per month per school room in which a teacher holding
a second grade certificate is employed nor more than one hundred and ten dollars ($110.00)
per month per school room in which a teacher holding a first grade or higher certificate is
employed, and provided further that no such rural school district shall be entitled to more
than one school room for each fifty children or fraction thereof of school age within the
district. Provided, in kindergarten grades and primary grades the county board of educa-
tion shall employ first grade teachers only, if the same can be secured.

Sec. 2. So much of Section 4954, New Mexico Code of 1915, as is inconsistent here-
with is hereby repealed, and Chapter 74 of the New Mexico Session Laws of the year 1915
is repealed in so far as the same affects school levies and salaries of school teachers.

(H. B. 60, L. 1919, effective June 13, 1919.)

(3) District tax, estimates.

Sec. 4. It shall be the duty of the school directors of rural school districts on or before
the first day of May in each year to make to the county superintendent of schools an esti-
mate of the amounts of funds necessary for the purposes described in Section 3 of this act
for the ensuing year, beginning September first following, specifying separately the sums
needed for purchase of land, construction, equipment, repair or leasing of buildings, interest
on, and sinking fund for, bonds and the current maintenance of the schools in their respective
districts. The said county superintendent shall pass upon such estimate and in case of
failure by said directors in making such estimate, he shall make such estimate on or before
the first day of June following, and shall thereupon, on or before said last mentioned day in
each year, certify to the board of county commissioners said estimates of the rural school
districts as made, passed and determined upon by him; said estimates when so certified to
set forth the same facts as the estimate made to him by said school directors.

It shall be the duty of the boards of education of municipal school districts, on or be-
fore the first day of June in each year, to make and certify to the board of county com-
missioners of the respective counties an estimate of the amount of funds necessary for the
purpose described in Section 3 of this act for the ensuing year, beginning September first
following, specifying separately the sums needed for purchase of land, construction, equip-
ment, repair, or leasing of buildings, interest on, and sinking fund for, bonds and the cur-
rent maintenance of schools under their jurisdiction.

Said estimates for municipal or rural school' districts shall be passed upon by the board
of county commissioners before the close of its meeting in the in the month of July of each
year.

(Sec. 4, C. 79, L. 1915.) v

(4) District tax levy.

Sec. 6. The board of county commissioners shall ^nuually at the time of levying other
taxes levy a tax upon the taxable property within each municipal and rural school district
to pay for the purchase- of site for, purchase, construction, and first equipment of school
houses and the interest on, and provide a sinking fund for the payment of the principal
of, any indebtedness of such district.
(Sec. 6, C. 79, L. 1915.)

(5) District tax, credit.

Sec. 7. The proceeds of such special school tax for such municipal districts shall be
paid to the respective treasurers thereof. The county treasurer shall take duplicate re-
ceipts therefor, one of which he shall file in his office, and the other he shall transfer to the
clerk of the proper board of education. The proceeds of such special school tax for rural
school districts shall be credited by the county treasurer to the respective school districts.

(C. 79, L. 1915.)

(6) Appeals, procedure.

Sec. 9. If any municipal or rural school district shall consider itself aggrieved by the
action of the board of county commissioners in the estimate allowed to any district, an
appeal may be taken by the aggrieved school district to the district court of the judicial
district within which such school district is located on or before August 10th, in such form

SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS 57

and upon such conditions as the judge of the respective judicial district may prescribe. For
the consideration of such appeal the said judge shall hold hearings between August 15th
and September 1st, of each year and he shall, after due consideration of the alleged injustice
and any statement relative thereto, which may be submitted by the aggrieved school dis-
trict or board of county commissioners, making such order on or before September 10th
in the matter as the said judge may deem just, which order shall be final. If in such order
the estimate for any district is ordered increased or decreased, the board of county commis-
sioners shall make the proper levy which will produce the necessary revenue therefor. The
Attorney General shall, at the request of a board of education or school directors of the
respective counties, enforce compliance with any order made as herein provided by man-
damus or other appropriate proceeding brought in the district court.
(Sec. 9, C. 79, L. 1915.)

(7) Non-application to high schools.

Sec. 10. Nothing herein shall be construed as amending or repealing any part of Chap-
ter 57, Laws of 1912, as amended by Chapter 20, Laws of 1913, entitled "An Act for the
Establishment of County High Schools and Providing for the Maintenance Thereof.^'

(C. 79, L. 1915.)

(8) Poll tax, levy, amount, etc.

Sec. 34. That Section 4936, Code of 1915, be and it hereby is amended so as to read
as follows: A poll tax of one dollar shall be levied upon all able-bodied male persons of
the age of twenty-one years or over, for school purposes. It shall be the duty of the clerk
of the various school districts of the State of New Mexico to make out separate lists of all
persons liable to pay a poll tax, resident in their respective districts, and the clerk thereof
shall receive three dollars to be paid by the county board of education or from the municipal
school filnds out of the funds to the credit of the school district for which such service is
rendered, and no other person shall receive a recompense for such services. It shall be the
duty of the said school district clerk to collect said poll tax and said clerk shall receive
ten per centum of all moneys collected from polltaxes. The school district clerks are hereby
empowered to bring suit in the name of the school district for the collection of said poll tax,
if not paid within sixty days after the posting of the notice specified in Section 4937, Code
of 1915. All poll taxes shall be paid to the county treasurer for the use of the respective
school districts in which the same are collected, and the treasurer shall pay to the school
district clerk his percentage of the gross amount collected. Provided, that no resident of
any school district shall pay his poll tax to any other district than the one in which he
resides; and, provided further, that no poll tax shall be received by any district clerk
from any resident of any other school district. No property shall be exempt from execu-
tion in suits for collection of poll taxes and the justices of the peace and constables shall
not demand fees in advance for such suits; and, provided further, that all money collected
as poll tax shall be immediately transmitted to the county treasurer and by him credited
to the district transmitting the same, but no such money shall be expended except upon
warrant of the county board of education or municipal board of education.
(C. 105, L. 1917.)

(9) § 4937. Posting list, report.

Sec. 131. It shall be the duty of the school district clerks to make at least four copies
of the names of persons liable to pay poll tax, and on the first Monday in February he shall
post one of said lists in some conspicuous place in their respective districts for the infor-
mation of the people, and on or before the first Monday in April the school district clerks
shall report to the county clerk a complete list of said persons liable to pay a poll tax in
their respective districts, and shall report said list to the county superintendent in writing,
and shall report to said superintendent the amount of poll tax collected, from whom col-
lected, the names of persons still delinquent and the reasons for such delinquency, and
further one list of such persons liable to pay a poll tax shall be filed in the office of said
clerks.

(Act of Mar. 14, 1905; L. 1905, C. 61, §2.)

(10) Exemptions, soldiers, etc.

Every resident of the State who has served in the army, navy or marine corps of the
United States in time of war and who has been discharged therefrom by any kind of dis-
charge except dishonorable or for misconduct, shall be exempt from paying poll tax.

(S. B. 31, Laws 1919.)
(Effective at once)

SCHOOL FUNiDS.
(ARTICLE 3.)
( 1 ) General expenditures and bids.
( 2 ) Purpose^ applied, prohibition.
( 3 ) Dedication of public not private.
( 4 ) Financial reports.
( 5 ) Contracts, prohibition.

58 SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS

STATE FUNDS.

( 6 ) Deposit, creation of funds.

( 7 ) Permanent funds, creation and definition,

( 8 ) Permanent funds, investment.

( 9 ) Permanent funds, investment, requisites.

(10) Permanent funds, investment, bond, etc.

(11) Permanent funds, investment, bonds.

(12) Permanent funds, investment, deposit.

(13) Current and income funds, transfer to schools.

(14) Current school fund, apportionment.

COUNTY FUNDS.

(15) General county fund.

(16) Forest reserve funds, apportionment.

(17) Additions to general county fund.

(1) § 4893. Expenditures and "bids.

No expenditure involving an amount greater than two hundred dollars shall be made
except in accordance with the provisions of a written contract, and no contract involving
an expenditure of more than five hundred dollars, for the purpose of erecting any public
buildings or making any improvements shall be made except upon sealed proposals, and to
the lowest responsible bidder.

(C. L. 1897, §1581.)
This section requires competitive bidding based upon plans and specifications and to
attain that end some form of reasonable notice is required and is to be implied from the
nature of the statute. This section applies to boards of school directors as well as boards
of education.

(Mayes v. Bassett, 17 N. M. 193; 125 Pac. 609.)

(2) (Borrowed money must be applied to purposes for which obtained, or to repay loan,
and to no other purposes.)

(Sec. 9, Art. 9, State Constitution.)

(3) Dedication of funds.

The schools, colleges, universities and other educational institutions provided for by
this constitution shall forever remain under the exclusive control of the State, and no part
of the proceeds arising from the sale or disposal of any lands granted to the State by Con-
gress, or any other funds appropriated, levied or collected for educational purposes, shall
be used for the support of any sectarian, denominational or private school, college or uni-
versity.

(Sec. 3, Art. 12, State Constitution.)

(4) §4850. Financial reports.

The clerks of the several rural districts, principals or superintendents of town or city
schools shall, between the first day of June and the first day of July of each year, make
a report to the county superintendent in writing, showing in detail the financial condition
of the district, the amount of money received and from what source, including receipts
from poll taxes, etc., district bonds or special levies^ and the manner in which the same
has been disbursed during the previous year, amount expended for repairs or improve-
ments of school houses and grounds, whether rented or owned by the district, the value of
all school property, amount of bonded indebtedness of district, status of interest fund,
amounts paid for rent, fuel, etc., salaries paid teachers for the preceding year, the number
and sex of the school population and amount expended for books for indigent children
under Section 4961, and failure to properly prepare and forward said reports shall subject
such clerk, principals or town or city superintendents to a fine of not more than one hun-
dred dollars or imprisonment in the county jail not exceeding sixty days, and it shall be
the duty of county superintendents to file information against such derelicts.
(L. '03, C. 119, § 8.)

(5) Contracts, prohibition concerning school authorities.

Sec. 32. That Section 4917, Code of 1915, be and it hereby is amended so as to read as
follows: No county board of education, nor municipal board of education, nor any member
thereof shall act as agent for any person, firm, or corporation engaged in selling school
furniture, apparatus, etc., or doing any work under contract for such boards, nor shall any
such boards or members thereof receive any commission on account thereof and all persons
identified in an official capacity with the public schools or with the higher educational in-
stitutions supported in whole or in part by the public funds of this State are prohibited
from being a party directly or indirectly to any contract, or interested in any contract, in
connection with the operation or maintenance of such public schools or higher educational
institutions; and any contract in which they are so interested shall be void, and the mem-
bers of any educational board voting for the same shall be guilty of a misdemeanor and
liable to punishment accordingly.
(C. 105, L. 1917.)

SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS 59

STATE FUNDS.
(6) Creation, various funds.

Sec. 1. The following funds are hereby created to the credit of which, in the respective
proportions to which they are by law entitled, all moneys derived from State lands shall be
deposited by the Commissioner of Public Lands with the State Treasurer, as nearly as pos-
sible on the first day of each calendar month, and the Commissioner shall keep an accurate
record of all such deposits:

Common School Current Fund.

Common School Permanent Fund.

University Income Fund.

University Permanent Fund.

University Saline Income Fund.

Agricultural College Income Fund.

Agricultural College Permanent Fund.

Normal School, Silver City, Income Fund.

Normal School, Silver City, Permanent Fund.

Normal School, Las Vevas, Income Fund.

Normal School, Las Vegas, Permanent Fund.

Spanish-American School, El Rito, Income Fund.

Spanish-American School, El Rito, Permanent Fund.

Normal School, Eastern, Income Fund.

Normal School, Eastern, Permanent Fund.

Being the school to be established under Section 12, of Article XII, of the Constitution.

School of Mines Income Fund.

School of Mines Permanent Fund.

Military Institute Income Fund.

Military Institute Permanent Fund.

Reform School Income Fund.

Reform School Permanent Fund.

Miners' Hospital Income Fund.

Miners' Hospital Permanent Fund.

Insane Asylum Income Fund.

Insane Asylum Permanent Fund.

Penitentiary Income Fund.

Penitentiary Permanent Fund.

State Charitable, Penal and Reformatory Institutions Income Fund.

State Charitable, Penal and Reformatory Institutions Permanent Fund.

To be equally distributed among the institutions as defined in Section 1 of Article XIV
of the Constitution.

Blind Asylum Income Fund.
Blind Asylum Permanent Fund.
Deaf and Dumb Asylum Income Fund.
Deaf and Dumb Asylum Permanent Fund.
Permanent Reservoirs for Irrigation Purposes Income Fund.
Permanent Reservoirs for Irrigation Purposes Permanent Fund.
Improvement of Rio Grande Income Fund.
Improvement of Rio Grande Permanent Fund.
Public Buildings at Capital Income Fund.
Public Buildings at Capital Permanent Fund.

Santa Fe and Grant County Railroad Bond Fund, to be applied as provided by Section
4 of Article IX of the Constitution.
State Lands Maintenance Fund.
(C. 115, L. 1917.)

(7) Permanent funds, defined.

Sec. 2. The permanent funds created by this act shall consist of the proceeds of sales
of lands belonging thereto that may have been or may hereafter be granted to the State, not
otherwise appropriated by the terms and conditions of the grant, and such other moneys as
may be specifically provided by law, and the income and current funds created by this act
shall consist of rentals, sale of products from lands, interest on permanent funds, and any-
thing else other than money directly derived from sale of all State lands so granted, the
income derived from the investment of the permanent funds herein created, such other
moneys as may be specifically provided by law, and miscellaneous income not provided for
by this act.

(C. 115, L. 1917.)

60 SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS

(8) Permanent funds, invested, inviolability.

Sec. 3. Tke State Treasurer shall keep the permanent funds enumerated in this section
invested in safe interest-bearing securities, and which said funds shall forever be kept intact
and inviolable, as hereinafter provided, viz.: Common School Permanent Fund; University-
Permanent Fund; Agricultural College Permanent Fund; Normal School, Silver City, Per-
manent Fund; Normal School, Las Vegas, Permanent Fund; Spanish- American School, El
Eito, Permanent Fund; Normal School, Eastern, Permanent Fund; School of Mines Perma-
nent Fund; Military Institute Permanent Fund; Reform School Permanent Fund; Miners'
Hospital Permanent Fund; Insane Asylum Permanent Fund; Penitentiary Permanent
Fund; State Charitable, Penal and Reformatory Institutions Permanent Fund; Blind
Asylum Permanent Fund, and Deaf and Dumb Asylum Permanent Fund.

(C. 115, L. 1917.)

(9) Permanent Funds, Investment, Requisites.

Sec. 4. Before the State Treasurer invests any of such permanent funds in such inter-
est-bearing securities, it shall be his duty to secure the approval of the Governor and the
Secretary of State to such proposed investment. The State Treasurer shall submit to such
officials in writing the proposed investment, and the approval thereof shall be likewise
made in writing by the Governor and the Secretary of State. After securing the approval
of said officials to such proposed investment, it shall be the duty of the State Treasurer to
submit to the Attorney General of the State a copy of the proposed bond or other security
in which he proposes to invest such permanent funds, and it shall be the duty of the At-
torney General to, in writing, approve or disapprove the legality of the bond or other secur-
ity in which it is proposed to invest such funds, and no monej' belonging to any of such
funds shall be invested in any security until the legality of the bond issue or other security
has been approved in writing by the Attorney General. All of said moneys in said peima-
nent funds enumerated in section three of this act shall be invested in the bonds of the
State or Territory of New Mexico, or of any county, city, town, board of education or school
district therein as hereinafter provided.

(C. 115, L. 1917.)

(10) — Permanent funds, investment, bonds, etc.

Sec. 5. Within thirty days after the passage and approval of this act, the State Treas-
urer shall notify the Governor and Secretary of State of the amounts then existing in the
permanent fund as enumerated in section three of this act, and thereafter he shall notify
such officers of all moneys received by him, from the Commissioner of Public Lands within
ten days following the receipt thereof. The State Treasurer shall keep himself informed
relative to all proposed bonds issued by the State, or any county or municipality therein,
and as to the ownership of bonds theretofore issued by the State or any county or munici-
pality therein, and the market price of the same, and shall, when opportunity is offered to
purchase any of such securities, propose to the Governor and the Secretary of State the
purchase of such securities as he deems it advisable to buy for the benefit of such funds,
and shall specify distinctly the securities which he proposes to buy, and it shall be his duty,
insofar as practicable, to invest such permanent funds in such securities, subject to the pro-
visions of this act. When the State Treasurer has on hand money belonging to such per-
provisions of this act. When the State Treasurer has on hand money belonging to such
permanent funds insufficient in amount to justify investing in such securities, or if it shall
be impossible to acquire such securities at a reasonable price, the State Treasurer may
propose to the Governor and Secretary of State to deposit the moneys belonging to such
permanent fund in any state or national bank or banks, at not less than four per centum
per annum, and such funds may be permitted to remain in such bank or banks until such
time as sufficient moneys accumulate to, in the opinion of the State Treasurer, the Governor
and the Secretary of State, make the purchase of the bonds authorized by this act to be
purchased, practicable.

(C. 115, L. 1917.)

(11) Permanent funds, investments, bonds.

Sec. 6. The Governor and Secretary of State may approve of the purchase of bonds at
a premium and direct the same paid from the permanent funds mentioned in section three
of this act, but in such cases the amount of such premium so paid shall be reimbursed to
said permanent fund from the income funds of the institutions or funds involved, by the
State Treasurer by proper transfers on his books and records. All permanent losses to any
of such funds, however, occurring, shall be reimbursed by the State Treasurer from the re-
spective income funds created by this act.

(C. 115, L. 1917.)

(12) Permanent, investment, deposit.

Sec. 7. The State Treasurer, subject to the approval of the Governor and Secretary of

SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS 61

State, as in this act provided, shall have the control and direction of the investment of
the funds as enumerated herein, viz.: Permanent Eeservoirs for Irrigation Purposes Per-
manent Fund; Improvement of Rio Grande Permanent Fund; Public Buildings at Capital
Permanent Fund; and Santa Fe and Grant County Railroad Bond Fund, and such funds
shall be used as directed by the terms and conditions of the grants, or as directed by the
Legislature of the State of New Mexico; but, as far as possible, shall be invested in the
securities mentioned in section four of this act, or may be, if deemed advisable, deposited
in any state or national bank or banks upon such terms and conditions as may be approved
by the Governor and Secretary of State. Provided, however, that funds belonging to the
Santa Fe and Grant County Railroad Bond Fund shall be used, as far as practicable, in
the purchase of Series C bonds as authorized by Section 3 of Article IX of the Constitu-
tion, and if such purchases are at any time impracticable or such bonds cannot be pur-
chased, then the balances in such fund shall be deposited in banks as herein provided.

(C. 115, L. 1917.) •

(13) Current and Income, disposition of.

Sec. 8. All income and current funds created by this act for the common schools and
various state institutions as enumerated in section three of this act shall be, by the State
Auditor, from time to time, transferred to the credit of the schools and institutions, to be
used as provided by law for the support and maintenance of said schools and institutions,
subject, however, to the limitation as provided for in section six of this act.

(C. 115, L. 1917.)

(14) Current School, apportionment.

Sec. 2. That on the first Monday of March, June, September and December in each
year, the state treasurer shall make a complete statement of all the monies in said current
school fund and certify the same to the State Superintendent of Public Instruction. Within
twenty days after the first Mondays of said months the said State Superpintendent shall
make an apportionment of the money in the current school fund among the counties ac-
cording to the number of children of school age in each county, as shown by the returns
of county superintendents of schools next preceding the making of such apportionment
and shall certify such apportionment for each county to the State Auditor and Treasurer
and the apportionment of each respective county to the Treasurer and Superintendent of
Schools of each county. The State Auditor shall draw his warrant on the State Treasurer
in favor of the proper county treasurer for the amount apportioned to his county, and said
money shall become a part of the general county school fund, and shall be apportioned
as other money in said fund.

COUNTY FUNDS.

(15) §4934. General school fund.

Sec. 128'. The following are declared to be and are to be, temporary funds for common
school purposes and shall be paid to the county treasurer to be applied by the county treas-
urer to the general school fund of each respective county.

First. All forfeitures or recoveries on bonds of county, precinct or State school officers.

Second. The proceeds of the sales of lost goods or estrays.

Third. All moneys arising from licenses imposed upon wholesale and retail liquor deal-
ers, distilleries, breweries, wine presses, which may be required to pay licenses.

Thirty-three and one-third per cent, of all the moneys arising from the above enumer-
ated sources, when collected, shall be paid in to the county treasurer to the account of the
general county school fund of each county in which collected. The collector or person
paying in the above enumerated moneys to the county treasurer shall receive from the
county treasurer a receipt in full for the amunt paid in.

All moneys accruing under the provisions of this section shall on or before the first
Monday in January, April, July and October in each year, be paid into the county treasury
by the officer collecting the same, who shall take duplicate receipts therefor, one of which
he shall file in the office of the county clerk, and all officers who fail for two consecutive
terms to make such payment and file said duplicate receipts with the county clerk, or who
shall have failed to make quarterly reports as required by law, shall be liable to indictment
for malfeasance in office and false swearing, and the person so indicted shall upon convic-
tion thereof be ineligible to hold said office for the period of two years thereafter; and
judges of the district court shall be required at each term to give this section of the law
in special charge to the grand jury, which body is authorized to especially inquire into and
make presentment of offenses committed under this article.

County treasurers shall quarterly, on or before the third Monday in March, June, Sep-
tember and December in each year, notify the county superintendents of schools in their
respective counties of all funds coming into their hands for public school purposes during
the preceding quarter and the total amount of moneys on hand then available for public
school purposes.

62

SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS

(Act of Feb. 23, 1893; L. 1893, C. 59; C. L. 1897, §1548, as amended by Act of Mar. 19,
1903; L. 1903, C. 119, § 17 and § 19.)

As to proceeds of escheats, fines and forfeitures, see Constitution, Art. XII, Sec. 4,
which provides that they shall be part of current school fund of State, and as to disposition
of balance of funds see Sec. 2900.

(Cited in Romero v. Bd. of Education, 10 N. M. 67; 61 Pac. 109; Opinion Atty. Gen. 1910-12,
pp. 55-189.)

(16) Forest reserve, apportionment.

Sec. 1. That Section 3 of Chapter 119 of the Session Laws of 1909 (§1352) be and the
same is hereby amended so as to read as follows:

"Sec. 3. That such monies shall be applied in the different counties to which the same
is transmitted, one-half thereof to the credit of the general county school fund and one-half
to the credit of the county road fund. Provided, that in the county of Socorro one-half of
such moneys apportioned to said county shall be remitted to the county treasurer of said
county and by him credited to and kept in a separate fund to be known as the Forest Re-
serve Road Fund and shall be expended by and under the authority and supervision of the
board of county commissioners of said county upon any road or roads within the forest re-
serves of said county, or upon roads leading from settlements or towns in such reserves to
the county seat of said Socorro county. * * *^'

(Sec. 1, C. 38, L. 1915.)

(17) §4935. Forfeitures of penal bonds.

Sec. 129. All moneys recovered on forfeited penal bonds or recognizances shall be
paid into the court or school funds of the respective counties where the cause of action
originated, or where such recovery may be had, at the discretion of the court trying said
cause of action.

(L. 1899, C. 13, §1.)

(See Con&titution, Art 12, §4.)

MISCELLANEOUS PROVISIONS.

(1
( 2
(3
(4
(5
(6
(7
(8
(9
(10
(11

(12
(13
(14
(15
(16
(17
(18
(19
(20
(21
(22
(23
(24

English and Spanish,
general requirements,
alcohol and narcotics.

(ARTICLE 4.)
Courses,
Courses,
Courses,
Same.
Same.
Same.

School day and month.
Flag displaying.

History of New Mexico; preparation and sale.
Control of schools.
Creation of schools.

CADET COMPANIES AND PLATOONS.
Creation, regulations, platoons.
Officers, commissions.
Officers, additional, proviso.
Drill.
Uniforms.

Commissions, cancellation, reduction to ranks.
Target practice and physical culture.
Instructors, appointment, compensation.
Target practice.
Inspectors, reports.
Reports, adjutant general.
Property, responsibility and control.
Supplies and equipment.

(1) Courses, English and Spanish.

Sec. 2. All branches of study in said schools shall be taught in the English language
as in other public schools of the State; provided, however, that it is hereby made the duty
of the teachers in said schools to teach, in addition to the required studies in the English
language, Spanish reading to Spanish speaking pupils and to such English speaking
pupils as may desire to learn Spanish reading. In addition thereto, the said teachers shall
teach all Spanish speaking pupils to translate their English reading lessons into the Span-
ish language, to the end that such pupils may better understand that which they read in
English. For the purpose of teaching Spanish reading, such Spanish text books shall be
used as are commonly used in Spanish schools.
(H. B. 154, L. 1919.)

(2) § 4843. Courses, general requirements.

There shall be established in each school district one or more schools in which shall be
taught orthography, reading, writing, arithmetic, grammar, geography, the English lan-
guage, and the history of the United States.
(C. L. 1897, §1629.)

SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS 63

(3) § 4863. Courses, alcohol and narcotics, ^udy of.

The nature of alcoholic drinks and narcotics, and special instruction as to their effects
upon the human system, in connection with the several divisions of the subject of physiol-
ogy and hygiene, shall be included in the branches of study taught in the public schools,
and shall be studied and taught as thoroughly and in the same manner as other like re-
quired branches are in said schools, by the use of text books in the hands of pupils where
other branches are thus studied in said schools, and by all the pupils in all said schools
throughout the state.

(L. 1912, C. 29, §1.)

(4) § 4864. Courses, drinks and narcotics — Reform school — Institute.

Adequate time and attention shall be given to instruction in this branch of study in
the State educational institutions, in the New Mexico Reform School at Springer and in all
teachers' institutes, and competent lecturers on this subject shall be secured for teachers'
institutes.

(L. 1912, C. 29, §2.)

(5) § 4865. Courses, drinks and narcotics — ^Failure to instruct concerning.

It shall be the duty of the proper officers in control of any school or institution de-
scribed in the two foregoing sections to enforce the provisions thereof; and any such offi-
cer, school director, superintendent, or teacher, who shall refuse or neglect to comply with
the requirements of said sections, or shall neglect or fail to make proper provisions for the
instruction required and in the manner specified, for all the pupils in each and every school
or institution under his jurisdiction, shall be removed from office, and the vacancy filled as
in other cases.

(L. 1912, C. 29, §3.)

(6) §4866. Courses, drinks and narcotics — Teachers' certificates.

No certificate shall be granted to any person to teach in the public schools who has not
passed a satisfactory examination to enable him to properly teach the branches of study
provided for in the three preceding sections.

(L. 1912, C. 29, §4.) i

(7) §4849. School month — School day.

The school month shall consist of four weeks of five days each, and a school day
shall consist of six hours.

(C. L. 1897, §1557.)

(8) §4861. Displaying flag.

The school directors or boards of education in the various districts, cities and towns
in the State shall cause the United States flag to be displayed upon the public school build-
ings or premises therein during school hours if in their best judgment it be practicable,
otherwise at such times as they may direct, and such boards of school directors or boards of
education shall also establish rules and regulations for the proper care, custody and display
of the flag; and when, for any cause, it is not displayed, it shall be placed conspicuously in
the principal room of the school building.

(L. 1905, C. 48, §2.)

(9) § 4959. History of New Mexico, preparation and sale.

Sec. 153. The said History and Civics of the State of New Mexico shall be prepared
by a known historian of the State and shall be sold at a price to be fixed by the State Board
of Education not to exceed one dollar per volume.

(Act of June 8, 1912; L. 1912, C. 41, §3.)

(10) Control.

Sec. 3. The schools * * * provided for by this Constitution shall forever remain under
the exclusive control of the State. * * *

(Sec. 3, Art. 12, State Constitution.)

(11) Creation of schools.

Sec. 1. A uniform system of free public schools sufficient for the education of, and
open to, all children of school age in the State shall be established and maintained.
(Sec. 1, Art. 12, State Constitution.)

64 SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS

CADETS (SCHOOR) (C. 91, L. 1915).

(12) School cadet companies, creation, regulations, platoon.

Sec. 1. The male students of any State educational institution or of any high school
in this State, having forty or more such students, fourteen years of age or over, may be
organized into a school cadet company, or companies, of not less than forty members each,
under such rules and regulations as the governing body of any such school or institution
may prescribe; provided, that in the event any such school or institution shall have less
than forty and more than twenty such students they be organized into a school cadet
platoon. Said cadet companies or platoons shall at all times be under the guidance and
control of the principal of the said school, whose duty it shall be to make regulations re-
garding the moral, educational and physical welfare of the said cadets.

(13) School cadets, officers, commission national guard.

Sec. 2. The said companies shall have one cadet captain, one cadet first lieutenant, one
cadet second lieutenant, and such non-commissioned officers and privates as correspond to
the non-commissioned officers and privates of the infantry companies of the National Guard
of New Mexico. The commissioned officers of such companies shall be commissioned by the
Governor of the State from a list of nominees submitted to him by the principal of" the
school or institution wherein the company is organized, and the non-commissioned officers
shall be appointed by the jcaptain. In the event that there are less than enough students
in any such institution or school than is required to form a company under the provisions
of this act, and a platoon is formed, such platoon shall be commanded by one lieutenant and
shall have such non-commissioned officers as the like unit of the National Guard of New
Mexico.

(14) School cadets, additional officers, proviso.

Sec. 3. In case any institution or high school has more than one company, it shall have
one cadet major, who shall be elected by the commissioned officers of the companies, one
cadet adjutant and one sergeant major who shall be appointed by the major.

(15) School cadets, drill.

Sec. 4. Said cadets shall drill in accordance with the drill regulations prescribed by
the United States army.

(16) School cadets, uniform.

Sec. 5. Said cadets may wear a uniform similar to that prescribed for the National
Guard of New Mexico, the same to be designed by the Adjutant General of the State.

(17) School cadets, commissions cancelled, reduction to ranks.

Sec. 6. Any commissioned cadet officer, or non-commissioned officer, may have his
commission or warrant cancelled, and be reduced to the ranks, by the principal of the school
or institution for falling back in his studies, or for misbehavior, either in school or in the
cadet company, or platoon, or for other good cause appearing in the judgment of said
principal. Provided, however, that in the event the cause of removal is military misbe-
havior of any commissioned officer the order of removal must be approved by the Governor
of the State before the same shall be effective.

(18) Target practice and physical culture.

Sec. 7. Target practice and physical culture shall constitute a part of the instruction
to be given to said cadets, and all target practice shall be under the supervision of compe-
tent members of the National Guard of New Mexico, detailed for that purpose by the Ad-
jutant General of the State.

(19) Instructor, appointment, compensation.

Sec. 8. The Adjutant General of the State shall detail from the organization of the
national guard, when practicable, some competent member thereof, who shall act as drill,
physical culture and rifle practice instructor for said school cadets. The Adjutant General
may provide for compensating the person or persons detailed by him to instruct said cadets
as aforesaid.

(20) Target practice.

Sec. 9. "Whenever practicable, said cadets shall be permitted to shoot at target prac-
tice upon national guard rifle ranges, under the supervision of national guard instructors.

(21) Inspectors, reports.

Sec. 10. Inspectors of the national guard shall inspect and report on said school cadet
companies and platoons at least once each year.

SCHOOL PROPERTY, FINANCE AND MISCELLANEOUS PROVISIONS 65

(22) Institutional reports, Adjutant General.

Sec. 11. The Adjutant general shall provide suitable drill regulations, books of in-
struction and the necessary blank forms for reports for each of said schools or institutions
having a cadet company, relating to the drill, physical culture, target practice, attendance,
discipline and condition of property of such cadet organizations. Such reports shall be
made and forwarded, in duplicate, one copy to the Superintendent of Public Instruction
and one copy to the Adjutant General's office, semi-annually, and shall bear the endorse-
ment of the principal of said school, containing such remarks as the principal may deem
pertinent.

(23) Property, supervision and control.

Sec. 12. The principal of the school or institution shall be responsible for all public
property supplied to said cadet companies or platoons, and shall supervise the proper care
thereof.

(24) Supplies, Adjutant General.

Sec. 13. The adjutant general may furnish to any such company or platoon equipment
or supplies from any surplus funds at the disposal of his ofl&ce.

CHAPTER 6.

TEACHEES.

Art. 1. Qualifications and compensation. (Pages 66-68.)

Art, 2. Institutes. (Pages 68 69.)

Art. 3. Student Teachers. (Pages 69-71.)

QUALIFICATIONS AND COMPENSATION.
(ARTICLE 1.)

( 1 ) Legal qualifications.

( 2 ) History and civic qualifications.

( 3 ) Alcoholic drinks and narcotics.

( 4 ) Certain rural schools Spanish required.

( 5 ) Tuberculosis.

( 6 ) Health certificates, tuberculosis.

( 7 ) Health certificates, fee.

( 8 ) Tuberculosis, finding of, appeal.

( 9 ) Tuberculosis, finding, penalty, appeal.

(10) Tuberculosis, complaint against teacher, procedure.

(11) Compensation, third and second grades, permits; closed school.

(12) Compensation, payment monthly.

(13) Compensation withheld when.

(14) Duties.

(1) §4815. Legal Qualifications.

A legally qualified teacher to teach in any school district, incorporated town, city,
village, or independent district, shall be one who has been certificated as prescribed in
Section 4813, and who possesses a certificate of attendance upon some county teachers'
institute, or summer school, approved by the superintendent of public instruction, held
within twelve months, or has an approved excuse for non-attendance; or one who holds a
legal permit to teach in this State. Any county superintendent, member of a board of
school directors, member of a board of education, county treasurer, or other person, who
shall directly or indirectly cause the public school funds to be paid for teachers' services
to any other person than a legally qualified teacher shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined in the sum of not less than one hundred ($100) dol-
lars nor more than five hundred ($500) dollars for each and every offense, and may be
removed from oflfice in the manner provided by law.

(L. 1907, C. 97, §8.)

(2) § 4957. Qualifications, history and civics.

No teacher of the first and second grades shall be granted a certificate to teach, by the
Board of Education of the State of New Mexico, unless said teacher shall have passed a
satisfactory examination in the History and Civics of the United States, as well as in the
History and Civics of the State of New Mexico.

(L. 1912, C. 41, §1.)

(3) Alcoholic drinks and narcotics.

(See rural schools. (Page 63.)

(4) Spanish language required when.

Sec. 1. No teacher in a rural school district inhabited principally by Spanish-speaking
people shall teach or be employed to teach therein unless he or she shall be proficient in the
reading, writing and speaking of the English and Spanish languages; provided, however,
that this prohibition shall not apply whenever teachers with such qualifications and with the
other necessary requisites prescribed by law cannot be obtained. .

Sec. 3. Chapter 14 of the Laws of 1917 is hereby repealed.
(L. 1919, effective June 13, 1919.)

(5) § 4948. Teachers having tuberculosis, employment prohibited.

No person shall be employed as a school teacher, instructor or professor in any public
school or other educational institution, in the State of New Mexico, supported in whole or
in part by revenues derived from taxes paid into the public treasury by the taxpayers of
this State, who shall be afflicted with the diseased called tuberculosis, commonly known as
consumption, in a transmissible form.
(L. 1901, C. 43, 51.)

(6) §4949. Teachers, health certificate required.

Before any person shall be employed as a school teacher, instructor or professor in any
public school or other educational institution in this State, he shall file with the governing

TEACHERS 67

authorities of the school district, board of education, board of regents or other governing
educational body of any university or college, a certificate from any reputable physician,
who is a resident of New Mexico and haa a license to practice medicine in New Mexico,
and who is not himself afflicted with the disease, that the said person is not at the time of
the examination to be made by said physician, afflicted with tha said disease called tuber-
culosis, commonly known as consumption as hereinbefore defined.

(Act of Mar. 18, 1901; L. 1901, C. 43, §2, as amended by L. 1903, C. 92, §1.)

(7) § 4950. Health cretificate, fee.

For the making of the said examination and for the making of the certificate provided
for, the physician making the same shall charge a fee of two dollars and no more.

(L. 1901, C. 43, §4.)

(8) §4951. Teachers having tuberculosis, finding of physician, appeal.

Whenever such physician shall find the applicant to be afflicted with tuberculosis, or
what is commonly known as consumption, it shall be his duty to at once notify the super-
intendent of public instruction of New Mexico, giving the name, age and sex of the appli-
cant, together with the date of examination and a general statement of the case. Where-
upon it shall be the duty of said superintendent to at once notify the school superinendents
of each county in New Mexico of the information he has received. And in case any appli-
cant so examined shall feel aggrieved he may take appeal to the New Mexico Board of
Health and present himself for examination, and it shall be the duty of said board of health
to thoroughly examine such person, and the result and decision of said board shall be final,
and such decision shall be certified by it to the superintendent of public instruction of
New Mexico, who shall thereupon notify the different school superintendents of each county.

(L. 1903 C. 92, §1.)

(9) § 4952. Teachers having tuberculosis, finding of physician, second examination pro-

hibited, appeal.
No person who has been examined by a physician as above provided, and has been
rejected by such physician, shall apply to any other 'physician for examination or certifi-
cate, but he shall have right of appeal to the Board of Health of New Mexico. And if any
person shall apply to any other physician in violation of this section, he shall be deemed
guilty of a misdemeanor, and upon conviction shall be fined in any sum not to exceed one
hundred dollars ($100.00) and shall not be eligible as a school teacher in any county of New
Mexico.

(L. 1903, C. 92, §2.)

(10) § 4953. Teachers, complaint against for health reasons.

If at any time there shall be lodged with the governing authorities of any school dis-
trict, board of education, board of regents or other governing educational body, a complaint
signed by any taxpayer of this State, setting forth that in his opinion any school teacher,
instructor or professor is afflicted with the disease known as tuberculosis, commonly called
consumption, as hereinbefore defined, such governing authorities, board of education, board
of regents or other educational body shall forthwith require such person so claimed to be
afflicted with tuberculosis, to submit to an examination by any reputable physician, who
is a resident of New Mexico and has a license to practice medicine in New Mexico, and
who is not himself afflicted with the disease, and unless such person shall within ten days
thereafter file with the school authorities a certificate of such physician that he is not af-
flicted with the disease commonly known as tuberculosis or consumption, such person shall
be forthwith discharged from employment as such teacher, instructor or professor, and no
warrant or order for any salary or wages to any such person shall be paid by any school
or other treasurer until such certificate shall have been obtained and filed as provided for
in this section.

(Act of Mar. 18, 1901; L. 1901, C. 43, §5, as amended by L. 1903, C. 92, §1.)

(This section does not prevent the dismissal of a school teacher for reasons other than those

stated.)

(State V. Board of Education, 18 N. M. 183, 135 Pac. 96.)

(11) §4954. Compensation, second and third grades, permits, closed school.

The maximum salary that shall be paid to any teacher employed to teach in the public
schools in this State holding a certificate not higher than a third grade shall be fifty
($50.00) per month; the maximum salary that shall be paid to a holder of a certificate not
higher than a second grade shall be seventy-five ($75.00) dollars per month. Provided,
that permits shall in no case be classed as higher than a third grade certificate, but if a
holder of a permit shall secure a regular teachers' certificate during the term for which he
is engaged, the salary for the entire term may be fixed in accordance with the grade of said
certificate. Provided, further, that a teacher employed in any of the public schools of this
State shall be entitled to full pay for a period not to exceed one month during which the

68 TEACHERS

school may be closed by the board of school directors, board of education, or board of
health, on account of loss by fire, danger from contagious disease, or other similar cause.
These provisions shall apply to the public schools in cities, towns and villages as well as in
rural districts. Any school director, member of board of education, or other person violat-
ing the terms of this section shall, upon conviction in a court of competent jurisdiction, be
fined in the sum not less than ten ($10.00) dollars nor more than one hundred ($100.00)
dollars, or imprisoned for a term not less than ten days nor more than ninety days, and may
be removed from oiRce by proper procedure.

(Act of Mar. 21, 1907; L. 1907, C. 97, §26, as amended by L. 1909, C. 121, §10.)

(For act pretending to increase compensation of teachers in ungraded rural schools, see p. 55.)

(12) § 4955. Teachers, payment montlily.

All public school teachers engaged in teaching within incorporated cities, towns and
villages, as well as in any other public schools in the State of New Mexico, shall be paid
monthly, unless there are no funds available, in which event they shall be paid so soon as
the funds are available therefor.
(L. 1901, C. 57, §1.)

(13) § 4956. Teachers, records and reports, failure, salary warrants.

Every person employed to teach a school shall keep a proper record, and at the end
of each term 'make a report to the county superintendent, showing the whole number of
pupils that have attended the school during such term, giving the names, age and sex, the
average daily attendance, the branches taught, and such other facts as may be deemed
important as showing the character of the school and the proficiency of the pupils; and foi
failure to make such report, he may be fined in the sum of not more than fifty dollars, upon
conviction before any justice of the peace. No person shall be paid any money for teach-
ing any school outside of incorporated cities, towns and villages, until an order is pre-
sented, signed by two of the school directors of the proper district and indorsed by the
county superintendent.

(C. L. 1897, §1536.)

(14) § 4958. Duties, history and civics.

It shall be the duty of the teachers in the public schools in the State to give such in-
struction as is practicable in the History and Civics of the United States with special ref-
erence to the History and Civics of the State of New Mexico, which said instruction may
be given orally or by study of text books covering the subject and which said text books
shall have been adopted by the State Board of Educaion.
(L. 1912, c. 41, §2.)

INSTITUTES.
(ARTICLE 2.)

(1) § 4813. Holding of, term, etc.

The county superintendents of public schools shall hold annually in their respective
counties, for a term of not less than two weeks, a teachers' institute for' the instruction of
teachers and those desiring to teach. The county superintendents of the public schools,
with the advice and consent of the superintendent of public instruction, shall determine the
time and place of holding such institutes, and shall select conductors and instructors for the
same and provide for the compensation thereof. No person shall be selected or shall serve as
conductor or instructor who does not hold a certificate from the State Board of Education
authorizing him or her to do so. It shall be compulsory upon all persons who expect to
teach in any school district, independent district or incorporated town, city or village, to
attend at least two weeks of the county institute or to show a certificate of attendance upon
some county institute or summer school approved by the Superintendent of Public Instruc-
tion held within the year. Teachers who hold a third grade county certificate or a permit
to teach, and who have taught at least three months of school during the twelve months
previous to the time of holding any county institute, may, upon attendance upon a county
institute for a full term of four weeks receive the sum of fifteen dollars ($15) from the
Treasurer of the State, upon the order of the State Auditor, of the funds arising from the
rental or sale of the common school lands of the State^ upon presenting to the State Auditor
a certificate from the county school superintendent of the county in which the institute is
held, and signed by the institute conductor and the State Superintendent of Public Instruc-
tion, certifying that said teacher has complied with the provisons of this section; and such
teachers are also exempt from the institute fees otherwise required. The State Board of
Education is hereby forbidden to issue a certificate to any person who refuses to comply
with said provisions; provided, any person, or persons, who fail to so attend by reason of
sickness or good and sufficient excuse rendered to the county superintendent and approved
by him and by the Superintendent of Public Instruction may be excused from such attend-
ance. Provided, further, the State Board of Education is hereby empowered to excuse

TEACHERS 69

such persons from attending the county teachers' institute as in its judgment it deems emi-
nently qualified to teach by reason of their professional scholarship and training, and that
nothing herein contained shall make it compulsory for cities which engage a city superin-
tendent of schools who gives at least half of his time to direct supervision to hold such
institutes.

The State Board of Education is hereby empowered to issue a course of study for
teachers' institutes. Authority is hereby conferred upon the Superintendent of Public
Instruction to authorize the county superintendent in any county wherein the conditions
are such as to make it expedient to do so, to hold joint county teachers' institutes at such
place as may be most convenient to all parties concerned, and when such power is delegated
to a county superintendent, the expense of any such institute shall be divided equitably
by the county superintendents, subject to the approval of the Superintendent of Public
Instruction, among the counties participating therein.

For the purpose of meeting the expenses of the county teachers' institutes, county
treasurers of class ''A" shall set apart annually from the general school funds of their
respective counties not less than one hundred ($100.00) dollars; in counties of class ''B"
not less than seventy-five ($75.00) dollars for such purpose; in counties of classes "C,"
"D" and "E" not less than fifty ($50.00) dollars for such purpose. Provided, that in
counties where an institute is held for a full term of four weeks the county treasurer shall
set aside at least fifty dollars ($50.00) more than that already provided for institute pur-
poses. But the legitimate expenses incidental to conducting examinations ordered by the
State Board of Education shall be considered as expenses incurred in connection with the
teachers' institute. Provided, that the State Board of Education shall have the power
to waive the holding of any county normal institute in counties where authorized summer
schools are held and in counties adjacent thereto. At each session of the teachers' insti-
tute the county superintendent, upon the advice and consent of the Superintendent of Pub-
lic Instruction, shaU collect from each person in attendance a fee of not less than one
($1.00) dollar and not more than three ($3.00) dollars. The money thus collected and set
apart shall be known as the "County Teachers' Institute Fund," and the county treasurer
shall be its custodian, but he shall not receive any of it for his services in receiving or as
such custodian. All disbursements of the Teachers' Institute Fund shall be upon the order
of the county superintendent, countersigned by the superintendnt of public instruction, and
no order shall be drawn on said fund, except for services rendered and expenses actually
incurred in connection with the teachers' institute.

(Act of Mar. 21, 1907; L. 1907, C. 97, §6, as amended by L. 1909, C. 121, §5.)

STUDENT TEACHERS.
(ARTICLE 3.)

( 1 ) Appointment, qualifications.

( 2 ) Nominations, vacancy appointment, assigning teachers.

( 3 ) Courses, terms.

( 4 ) Repeal.

( 5 ) Appropriations, books, board, supplies, allowances.

( 6 ) Appropriations, 8th and 9th fiscal years, student allowances.

( 7 ) Appropriations, transportation charges 8th year.

( 8 ) Appropriations, transportation, 9th fiscal year.

( 9 ) Transportation charges, teachers entitled.

(10) Levy, funds.

(11) Funds, payment of.

(12) Vacancy appointments; change institutions.

(1) Appointments, qualifications.

Sec. 1. There shall be appointed annually, on or before July 1st, by the Superintendent
of Public Instruction, two resident persons of the State from each county between the ages
of eighteen and twenty-five years as student teachers who shall possess a diploma from the
eighth grade of a public school of the State, and be entitled to special training in the
schools mentioned herein.
(S. B. 98, L. 1919.)

(2) Nominations, assigning teachers.

Sec. 2. Annually, on or before July 1st, each county school superintendent shall nomi-
nate and certify to the Superintendent of Public Instruction two persons of his county pos-
sessing the foregoing qualifications, as student teachers, who shall be appointed as student
teachers by the Superintendent of Public Instruction and assigned to either Normal School
or the Normal University as in the judgment of the Superintendent of Public Instruction
shall best subserve the interest of the State and persons so appointed. Where nominations
are not made as heretofore provided, the Superintendent of Public Instruction shall ap-
point as student teachers from the state at large persons possessing said qualifications suf-
ficient in number to equal with those appointed under nominations regularly made by county
school superintendents a total qf fifty-eight students for the scholastic year, the teachers so
appointed at large to be assigned to either of said schools as in the judgment of the Super-
intendent of Public Instruction shall seem best.
(S. B. 98, L. 1919.)

70 TEACHERS

(3) Courses and Terms.

Sec. 3. The schools wherein such student teachers are in attendance shall outline spe-
cial courses of instruction for student teachers for the purposes of better fitting them as
teachers in the rural schools of the State, the said courses to be completed in no less than
ten nor more than twelve months. Student teachers successfully completing said courses
shall receive from the State Board of Education a second grade teacher's certificate, w^hich
shall continue effective for two years from date of issue.

(S. B. 98, L. 1919.)

(4) BepeaL

Sec. 4. That Sections one, two and three, Chapter eighty-nine. Laws of 1915, be and
the same are hereby repealed.

(S. B. 98, L. 1919.)

(5) Appropriation — ^Board, books, supplies, etc. — Allowance.

Sec. 4. The sum of fifteen thousand ($15,000.00) dollars, or so much thereof as may
be needed, is hereby appropriated to pay the expenses of such student-teachers in the re-
spective institutions to which they may be appointed under the provisions of this act for
and during the term of their appointment or attendance at such institutions.

Three hundred dollars ($300.00) shall be allowed each institution which such student-
teachers attend, for each such student-teacher appointed as set forth in this Act, to pay
actual and necessary expenses for board, books and school supplies, lodging, matriculation
and tuition, while in attendance at such institution. The treasurer thereof shall forward
to the Auditor of the State the certificates of appointment of such student-teachers which
certificates shall be vouchers for the payment of the above amount for each of such student-
teachers in attendance, and the auditor shall draw his warrant for such amount on the
Treasurer of the State in favor of the treasurer of any such institution entitled to receive
such amount under the provisions of this act. All such warrants so issued shall be paid out
of the State School Building Fund. The treasurer of any such institution shall pay out such
money upon requisition of the president of such institution and each of such requisitions of
the president shall be accompanied by receipted bills showing such actual and necessary
expenditures. All such requisitions together with such receipted bills shall be filed and
preserved in the records of the office of any such treasurer. Provided, that the amount
allowed to each student-teacher for the expenses for board and lodging shall not be less
than twenty dollars ($20.00) per month and that any balance in the amount allowed each
institution after all actual and necessary expenses for board, lodging, matriculation, books
and school supplies for such students have been paid, shall become a part of the mainten-
ance fund of such institution.

(Sec. 4, C. 89, L. 1915.)

(6) Appropriation, eighth and ninth fiscal years, allowance each student.

(10) For training of student teachers as provided in Senate Bill No. 98, Fourth State
Legislature of New Mexico, $17,400.00.

Provided, that $300 shall be allowed to each institution which such student teachers
attend, for each such student teacher appointed as set forth in said Senate Bill No. 98,
passed by the Fourth State Legislature, to pay actual and necessary expenses, for board,
books, and school supplies, lodging, matriculation and tuition while in attendance at such
institution. The Treasurer thereof shall forward to the Auditor of the State the certificates
of appointment of such student teachers, which certificates shall be vouchers for the pay-
ment of the above amount for each of such student teachers in attendance, and the Auditor
shall draw his warrants for such amount on the Treasurer of the State in favor of the treas-
urer of said institution. The treasurer of any such Institution shall pay out such moneys
upon requisition of the president of the said institution and each of such requisitions of
the president shall be accompanied by receipted bill showing such actual and necessary ex-
penditure, which requisition, together with such receipted bill, shall be filed and preserved
in the records of the office of the treasurer of such institution.

(S B. 75, Laws of 1919.)

(7) Appropriation, transportation charges, eighth fiscal year.

Sec. 1. For the eighth fiscal year of the State of New Mexico there is appropriated
for the State institutions hereinafter named, to pay transportation charges in excess of
three dollars ($3.00) for fare both going to and returning from said institutions of all
persons who enroll therein with a view of preparing to teach in the schools of New Mexico,
the following amounts, to wit:

New Mexico Normal University $6,000.00

New Mexico Normal School $6,000.00

(S. B. 25, L. 1919.)

TEACHERS 71

(8) Appropriation, transportation, ninth fiscal year.

Sec. 2. For the ninth fiscal year of said state there is appropriated for the educational
institutions mentioned in the preceding section, to pay transportation charges as therein
provided, the same amount for each thereof as is appropriated for the eighth fiscal year.

(S. B. 25, L. 1919.)

(9) Qualifications for teachers, trajisportation charges.

Sec. 3. Students in the educational institutions above named, whose transportation
charges may be paid by such institutions, shall be bona fide residents of New Mexico at
the time of entering such institutions, shall have attended continuously for not less than
eight weeks, and shall file with the president of the institution a declaration of their inten-
tion to teach in the schools of New Mexico. The transportation charges which may be paid
under the provisions of this act shall be paid but once during each scholastic year and then
over the shortest practical route of travel.

(S. B. 25, L. 1919.)

(10) Levy, funds.

Sec. 4. For the eighth and ninth fiscal years the State Auditor is directed to make a
sufficient levy on all property subject to taxation in this State to realize the amounts here-
inabove appropriated, and to direct the several collectors of taxes to collect the same at
the same time and in the same manner as other taxes are collected and paid, when the same
shall be paid over to the State Treasurer who shall deposit it in a separate account to be
kept by him and to be known as the ''Normal Schools Transportation Charge Fund,'' and
the State Auditor shall draw his warrants on such fund, when available, in favor of each
of said institutions hereinabove named, and take receipts therefor from the treasurers
thereof, and the State Treasurer shall pay the said warrants on presentation thereof to
him.

(S. B. 25, L. 1919.)

(11) Payment of funds.

Sec. 5. The board of regents of the New Mexico Normal University and the board of
regents of the New Mexico Normal School are hereby authorized to pay out the appropria-
tions herein made, provided, that all claims under this act shall be itemized and sworn to,
and shall in no case exceed four cents a mile for total distance actually traveled.

(S. B. 25, L. 1919.)

(12) Vacancy appointments — Change institutions.

Sec. 5. In the event that any such student-teacher, for any reason, fails to complete ,
the course, another student-teacher may be appointed for the remainder of the term in his
place, and no student-teacher shall be allowed to change from one such institution to an-
other during the term of his appointment.
(C. 89, L. 1915.)

CHAPTER 7.

SCHOOL ATTENDANCE.

Art. 1. Right of. (Page 72.)

Art. 2. Compulsory. (Pages 72-75.)

OF RIGHT.

(ARTICLE 1.)

( 1 ) Right to attend school, constitutional provision.
( 2 ) Right to attend school, violations, penalty.
( 3 ) Tuition.

(1) Right, constitutional provision.

Sec. 1. A uniform system of free public schools sufficient for the education of, and
open to, all children of school age in the State, shall be established and maintained.

(Sec. 1, Art. 12, State Constitution.)

(2) § 4847. Bight to attend school, violations, penalty.

Sec. 41. Pupils who are actual residents of a district shall be permitted to attend
school in the same, 'regardless of the time when they acquire such residence, whether before
or after the enumeration.

Any teacher, school directors or members of anj board of education connected with
the common schools in this State who shall refuse to receive any pupil at school on account
of race or nationality, the said pupil being entitled to attend school in said district as
hereinbefore provided, shall be guilty of a misdemeanor and upon conviction before any
justice of the peace or district court, shall bo fined in a sum of not less than fifty dollars
nor more than one hundred, and imprisoned in the county jail for three months, and shall
be forever barred from teaching school or to hold any office of honor or profit in this State.

(C. L. 1897, §1556, as amended by C. 78, Sec. 1, L. 1901.)

(Co. Supt. for violation will be summarily removed from office.) (Sec. 4848, Code 1915.)

(3) §4849. Tuition.

A board of school directors or board of education may admit non-resident pupils to
the school or schools under its charge, provided school accommodations are sufficient to
justify the same, and may determine the rate of tuition for such pupils and collect the
same, which tuition shall not be greater than twenty (20%) per cent, more than the aver-
age cost per capita for education based on the average number of pupils belonging to the
school throughout the previous school term. When non-resident pupils, their parents or
guardians, pay a school tax in any district, such pupils shall be admitted to the school of
such district, and the amount of such school tax shall be credited on their tuition in a sum
not to exceed the amount of such tuition, and they shall be required to pay tuition only
for the difference therein.

COMPULSORY SCHOOL ATTENDANCE.
(ARTICLE 2.)

( 1 ) Persons subject to.

( 2 ) Employed, excused, certificate.

( 8 ) Part time schools, establishment, hours.

( 4 ) Part time schools, employment and attendance.

( 5 ) Rules and regulations part time schools.

( 6 ) Part time schools, exemption.

( 7 ) Parents' responsibility, penalty, mandamus.

( 8 ) Employment, limitations, penalty.

( 9 ) Enforcement authorities.

(10) Repeal.

(11) Reports on school attendance.

BLIND CHILDREN.

(12) Blind children, school attendance.

(13) Blind, transportation charges.

(14) Blind, county superintendent reports,

(15) Blind, penalty.

DEAF AND DUMB.

(16) Deaf and dumb, school attendance generally.

(1) Persons subject.

Sec. 1. Children between the ages of six and sixteen years of age shall attend public
schools of the State for as many weeks as the public schools in the district in which such
children reside shall be in sessfon, except that children actually attending private or denom-
inational schools maintaining courses of instruction approved by the State Board of Edu-
cation, those physically or mentally unfit or incompetent and those residing more than

SCHOOL. ATTENDANCE 73

three miles from public school houses and to whom no free public means of conveyance to
and from school are furnished shall be exempt from the provisions of this act.

(S. B. 102, L. 1919.)

(2) Employed, excused, certificate.

Sec. 2. Children subject to the provisions of this act, between the ages of fourteen
and sixteen years, may be excused by issuance of certificate of employment, from full-time
public school attendance, by the city or county school superintendents within whose juris-
diction such children reside or are employed, upon assurance that said children are then or
in the immediate future shall be definitely employed in some gainful trade or occupation.
The certificate of employment shall contain the name, age and residence of the child ex-
cused, by whom employed or to be employed, the last grade attended by the child and a
recitation that the child is excused from full-time public school attendance until the cer-
tificate shall be revoked.

(S, B. 102, L. 1919.)

(3) Part-time schools, establishment, hours.

Sec. 3. Whenever in any school district there shall have been issued fifteen such em-
ployment certificates there shall be established a part-time school or class giving instruction
for not less than one hundred fifty hours per year and for not less than five hours per week
between the hours of 8 a. m. and 6 p. m.

(S. B. 102, L. 1919.)

(4) Part-time schools, employment, attendance.

Sec. 4. Whenever the number of hours for which a child over fourteen years and less
than sixteen years of age may be employed shall be fixed by Federal or State law the
hours of attendance upon a part-time school or class shall be counted as a part of the num-
ber of hours so fixed by Federal or State laws, but nothing contained herein shall affect the
right of the employer to reduce the compensation of the child.

(S. B. 102, L. 1919.)

(5) Rules and regulations, part-time schools.

Sec. 5. The State Board of Education shall adopt rules and regulations concerning the
establishment of part-time schools and classes.

(S. B. 102, L. 1919.)

(6) Part-time schools, exemption.

Sec. 6. Whenever any school district shall deem it inexpedient to establish part-time
schools or classes it shall present to the State Superintendent of Public Instruction the
reasons for such inexpediency, and the State Superintendent may excuse the district from
the establishment of such part-time schools or classes if he deems such reasons sufficient.
(S. B. 102, L. 1919.)

(7) Parents, etc., responsibility, violation, crime, mandamus.

Sec. 7. Parents, guardians and persons having control of children subject to provisions
of this act are hereby made responsible for the public school attendance of such children
and any parent, guardian or person aforesaid who shall violate any of the provisions of
this act, after any school authority shall have given public notice of the substance of the
provisions of this act, upon conviction, shall be fined not less than five dollars nor more
than one hundred dollars or imprisoned in the county jail for not less than five nor more
than ninety days, and in addition to penalty aforesaid, any parent, guardian or person hav-
ing control of children subject to the provisions of this act who shall violate the provisions
hereof shall be subject to the writ of mandamus at the instance and in the name of county
or municipal boards of education or county or city superintendents of schools without con-
sent of the attorney general.

(S. B. 102, L. 1919.)

(8) Employment, liability, limitations.

Sec. 8. Any person, firm or corporation employing a child between the ages of fourteen
and sixteen years of age shall permit the attendance of such child upon a part-time school
or class whenever any such part-time school or class shall have been established in the dis-
trict where the child resides or may be employed, and any employer, firm or corporation
employing any child over fourteen and less than sixteen years of age contrary to the pro-
visions of this act shall be subject to a fine of not less than five dollars nor more than fifty
dollars for each separate offense.

(S. B. 102, L. 1919.)

74 SCHOOL ATTENDANCE

(9) Enforcement Tiy authorities.

Sec. 9. The school ofl&cials charged with the responsibility of enforcing the compulsory
attendance laws of this state shall also be responsible for the enforcement of the attend-
ance upon part-time schools and classes in accordance with the terms of this act.
(S. B. 102, L. 1919.)

(10) Repeal.

Sec. 10. That Sections 4960 and 4961, Code 1915, be and the same are hereby repealed.
(S. B. 102, L. 1919.)

(11) Reports on school attendance — Jury charge.

County superintendents are vested with general supervisory powers in this matter and
shall require all directors to comply with the provisions of § 4961. Principals or teachers in
charge of rural schools in this State shall weekly make a report in writing to the county
school superintendent containing the names of all persons having the control of children
of school age who have failed, neglected or refused to send such children to school as re-
quired by $ 4961. The presiding judge of the district courts at each session shall give to
the grand jury as a special charge the substance of the law of compulsory school attend-
ance. ,
(Sec. 35, C. 105, L. 1917, amending § 4962 Code.)

BLIND CHILDREN.

(12) School attendance.

Sec. 1. Every parent, guardian or person having control or custody of any child who
is between the ages of five and twenty-one years, and who, on account of blindness cannot
be educated in the public schools, shall send such child to the New Mexico Institute for the
Blind at Alamogordo during each school year for the period of seven years, unless such
child be taught .such branches as are taught in said institute in a private school, at home,
or in a similar institution in another state, or unless such child be suffering from physical
or mental disability sufficient to incapacitate him or her from attending such institute.
It shall be the duty of the superintendent of such institute to see that each pupil in said
institution shall have every reasonable opportunity to practice its own religious belief, and
that no impediment be placed in the way of such pupil in the practice of their respective
religious belief. Provided, that whenever admission to said institute is requested for any
child, afflicted with blindness, under five years of age, the board of regents or superintend-
ent thereof is hereby empowered to admit such child, under rules and regulations established
by said board.

(0. 33, L. 1915.)

(13) Transportation.

Sec. 2. That the superintendent of such institute, out of the appropriation made for
said institute, shall pay for the transportation of such children to and from such institution
whenever the parents, guardian or person having control or custody of any such child shall
be unable to pay for same. Provided, that said board of regents shall prescribe what por-
tion of said appropriation shall be used for said transportation purposes.

(C. 33, L. 1915.)

(14) County superintendent, reports.

Sec. 3. Superintendents of schools in the several counties of the State, on the first day
of August and the first day of January in each year, shall furnish the Superintendent of the
New Mexico* Institute for th^ Blind a complete list of all such children in their respective
counties, and it shall be the duty of the superintendent of such institute to communicate
to the parent, guardian or person having custody or control of each such child the provi-
sions of this act.

(C. 33, L. 1915.)

(15) Penalty, proviso.

Sec. 4. Any person who shall violate this act, upon conviction thereof, shall be pun-
ished by a fine of not more than twenty-five dollars or by imprisonment for not more than
thirty days. Provided, that this section shall not apply in case the child of any such par-
ent, guardian or other person cannot be admitted to said institute under the rules and regu-
lations thereof.

(0. 33, L. 1915.)

SCHOOL ATTENDANCE 75

DEAF AND DUMB CHILDREN.

(16) § 5104. Attendance of.

It is hereby made the duty of the clerks of all school districts and boards of education
within the State of New Mexico to report to the school superintendent of their respective
counties the names, age, sex and residence of all deaf or mute persons of school age residing
within their respective districts together with the postoffice address of the parents or
guardians of such children, this report to be incorporated in the regular report from such
school district at the time provided by law; and it shall be the duty of such school superin-
tendent to at once send a report to the superintendent of this asylum, including tlie names
and addresses of all such children within his county.

It shall then be the duty of the superintendent of this asylum to at once notify the
parents or guardians of such children to send the same to this asylum for proper instruc-
tion at a time to be fixed by him.

If the parent or guardian of any such child shall make oath that by reason of his pov-
erty he is unable to suitably clothe such child and provide means of transportation for it
from its home to such asylum, and the probate judge of such county in which the child
lives shall certify that such is the fact under the seal of his court, then and in that case
the superintendent of said asylum is authorized to draw a requisition upon the board of
trustees for a sufficient amount of money to suitably clothe such child and pay for its
transportation to this asylum, which requisition shall be honored by such board and such
child shall thereupon be sent by its parents or guardian to such asylum for instruction, and
the provisions of section 4960 in regard to compulsory attendance upon the public schools
are hereby extended to and made applicable to attendance upon some school for the deaf
and the mute, and the school directors of the several districts are hereby required and direct-
ed to enforce the same with regard to this asylum in the same manner as is provided by that
section for enforcing attendance upon the district schools.

Any failure on the part of any person hereinbefore mentioned to comply with the du-
ties herein provided shall be deemed a misdemeanor and punished as such.

(L. 1899, C. 42, §4.)

CHAPTER 8.

NIGHT AND COKEESPONDENCE SCHOOLS.

Art. 1. Night Schools. (Page 76.)

Art. 2. Correspondence schools. (Page 76-77.)

NIGHT SCHOOLS (NOCTURNAL).

(ARTICLE 1.)

(1 ) Establishment, sessions.

( 2 ) Instructors, compensation.

( 3 ) Establishment, sessions.

( 4 ) Instructors, compensation.

( 5 ) Repeal.

(1) Establishment, sessions.

Sec. 1. The school directors in every school district in the State of New Mexico, where
there may be ten or more illiterate or semi-illiterate persons, may engage their respective
teachers to hold nocturnal courses of instructions as are taught in the common school
branches of the public schools of the state of at least one hour each night.

(C. 88, L. 1917.)

(2) Instructors, compensation.

Sec. 2. An allowance of five ($5.00) dollars per month for the first ten students and
five ($5.00) dollars additional for any number over and above the first ten students shall
be paid over and above the regular salary in the same manner and form and from the
same fund that the teachers' regular salaries are paid, to any school teacher who shall
engage in the performance of the duties prescribed in Section 1 of this act.

(C. 88, L. 1917.)

(Following three sections repeal preceding two effective after June 13, 1919.)

(3) Establishment, sessions.

Sec. 1. "Whenever there are ten or more illiterate or semi-illiterate adult persons in any
rural school district, any municipal school district of an incorporated village or town, or in
a ward of any city, who wish to attend a night school, the respective county or municipal
board of education may engage a competent instructor to teach such persons at the school
house of such district or ward in sessions of two hours each three times per week during
the school term thereof.

(H. B. 152, L. 1919.)

(4) Instructors, compensation.

Sec. 2. Such instructor shall receive per month not to exceed fifteen dollars for ten to
fifteen, twenty dollars for fifteen to twenty, and twenty-five dollars for twenty or more
students regularly attending such night school, to be paid out of the funds of the district
in which said school is held.

(H. B. 152, L. 1919.)

(5) Repeal.

Sec. 3, Chapter 88 of the Laws of 1917 is hereby repealed.

(H. B. 152, L. 1919.)

CORRESPONDENCE SCHOOLS.
(ARTICLE 2.)
( 1 ) Canvassing.
( 2 ) Applications.
( 8 ) Permits, revocations.
( 4 ) Violations.
( 5 ) Canvassing legal when.

(1) § 5000. Canvassing by correspondence schools, when unlawful, application to State
board required.
It shall be unlawful for any correspondence school, business college, or commercial
department of any other school, its agents or representatives to canvass prospective stu-
dents in the State of New Mexico for the purpose of selling to such prospective student
or to anyone for the use of such prospective student any scholarship or tuition in advance
in such school, or to contract in advance for such scholarship or tuition or to take payment

NIGHT AND CORRESPONDENCE SCHOOLS 77

for the same in money, notes or other evidence of indebtedness before the registration in
good faith of such student in such school, college, or commercial .department, without the
school, it agent or representative first making application to the State Board of Education as
hereinafter provided, and receiving from such State Board of Education a permit granting
to the school so applying the right to canvass and sell scholarships and to receive tuition in
advance.

(L. 1913, C. 77, §2.)

(2) § 5001. Application for permit, contents and signature.

The application to the State Board of Education shall set forth the name of the school
seeking such permit, its location, the number of instructors employed in such school, the
course or courses of study in which instruction is off erred, the subjects included in each
course, the entrance and graduation requirements for each course, and in addition thereto
the applicant shall, upon request of the board, furnish such other information as may be
required by such board. The application shall be signed by some authorized representative
of the school and shall be accompanied by such fees as may be required by the State
Board of Education.

(L. 1913, C. 77, §3.)

(3) § 5002. Revocation of permit.

The State Board of Education shall have authority and power to revoke any permit
issued by it at its discretion and for cause satisfactory to the Board.

(L. 1913, C. 77, §4.)

(4) § 5003. Violation.

Any person who shall violate this article shall upon conviction be deemed guilty of a
misdemeanor and shall be fined in a sum not to exceed $100.00 for each offense, or by im-
prisonment in the discretion of the court trying the same.

(L. 1913, C. 77, §5.)

(5) §5004. Canvassing legal, when.

Nothing in this article shall be construed to prevent canvassing for students where no
scholarship is sold nor fees for tuition are collected in advance or prevent the legitimate
advertising of any such school.

(L. 1913, C. 77, §6.)

CHAPTER 9.

HOLIDAYS AND SPECIAL DAYS.

( 1 ) Arbor Day.

( 2 ) Washington's Birthday.

( 3 ) Columbus Day.

( 4 ) Lincoln Day.

(1) § 2726. Artor day.

The second Friday in March of each year shall be set apart and known as Arbor day,
to be observed by the people of this State in the planting of forest trees for the benefit and
adornment of public and private grounds, places and ways, and in such other efforts and
undertakings as shall be in harmony with the general character of the day so established.
Provided, that the actual planting of trees may be done on the day designated or at such
other most convenient times as may best conform to local climatic conditions, such other
time to be designated and due notice thereof given by the several county superintendents
of schools for their respective counties.

The day as above designated shall be a holiday in all public schools of the State, and
school officers and teachers are required to have the schools under their respective charge
observe the day by planting of trees or other appropriate exercises.

Annually, at the proper season, the governor shall issue a proclamation, calling the at-
tention of the people to the provisions of this section and recommending and enjoining its
due observance. The respective county superintendents of schools shall also promote by
all proper means the observance of the day, and the said county superintendents of schools
shall make annual reports to the governor of the State of the action taken in this behalf
in their respective counties.

(C. L. 1897, §1625 a.)

(2) §2727. Washington's birthday.

February twenty-second (Washington's birthday) may hereafter be observed by the
public schools as a legal holiday. If any teacher or teachers in the rural districts and vil-
lage schools shall have arranged beforehand a program of exercises by the pupils appro-
priate for the occasion for such day, the directors of such district shall not deduct any
moneys from his salary because of his absence from active school duty on such day.

(L. 1903, C. 119, §20.)

(3) §2728. Columbus day.

That to commemorate the discovery of America by Christopher Columbus, the twelfth
day of October shall hereafter be a legal holiday, and shall be known as Columbus day.

(L. 1912, c. 10, §1.)

(4) § 4862. Lincoln day.

The twelfth day of February in each and every year is established in the annual school
calendar to be known as Lincoln day, in honor of the birthday of Abraham Lincoln, and
shall be observed with patriotic exercises in the public schools, but such day shall in no
wise be construed to be a holiday. It is also provided that when such day shall fall on Sun-
day or on Saturday, the following or preceding day, respectively, as the case may be, shall
be observed.

(Act of Mar. 10, 1905; L. 1905. C. 48, §3, as amended by L. 1^09. C. 121. §3.)

CHAPTER 10.

SPANISH LANGUAGE.

(See also Teachers.)

( 1 ) Teaching of.

( 2 ) Courses, text books.

( 3 ) Use of Spanish, English principal language.

( 4 ) High schools and certain state educational institutions.

( 5 ) Courses of study.

( 6 ) Teachers, qualifications.

(1) Teaching, when.

Sec. 1. That Spanish as a separate subject shall be taught in any public elementary
or high school in the State when a majority vote of th6 board of school directors or board
of education in charge of such school shall direct. Provided, that the time devoted to such
subject shall be such as shall be provided for by the State Board of Education.

(C. 88, L. 1915.)

(2) Courses, text books.

Sec, 2. That it is hereby made the duty of the State Board of Education to prepare
an outline of a course of study in such subject and to prescribe text books therefor.

(C. 88, L. 1915.)

(3) Use of English and Spanish languages.

Sec. 3. Except as herein provided, the books used and the instruction given in said
schools shall be in the English language; provided, that Spanish may be used in explaining
the meaning of English words to Spanish-speaking pupils who do not understand English.

(C. 88, L. 1915.)

(Following sections are effective after June 13. 1919.)

HIGH SCHOOLS AND CERTAIN STATE EDUCATIONAL INSTITUTIONS.

(4) Courses to be taught.

Sec. 1. A course of study of the Spanish langimge shall be taught in each standard
four-year high school of the State, the University of New Mexico, the College of Agricul-
ture and Mechanic Arts, the Military Institute, the Normal University, the Normal School
and the Spanish- American School.

(H. B. 154, L. 1919.)

(5) Kind of Courses.

Sec. 2. The course of study for students of the Spanish language in such institutions
shall be reading, writing, grammar, spelling, diction and composition. The books to be used
shall be those generally used in Spanish schools.
(H. B. 154, L. 1919.)

(6) Teachers of Spanish; qualifications.

Sec. 3. No person shall be employed to teach the Spanish language in any educational
institution of the State unless such person shall present to the State Board of Education
a certificate or diploma from some authorized educational institution showing that he under-
stands and speaks the Spanish and English languages with sufficient fluency and correctness
to successfully teach the Spanish language in any institution of education in the State; or
if no such, such certificate or diploma be presented to said Board, then such person shall
pass an examination regarding his knowledge of the Spanish and English languages before
some competent person, who shall be appointed to conduct such examination by the State
Board of Education. If such person shall present certificate or diploma mentioned in this
act to the State Board of Education, or shall successfully pass the examination herein re-
quired, he shall receive a certificate from said board which shall entitle him to teach the
Spanish language in any educational institution in the State for four years from the date
thereof.

(H. B. 154, L. 1919.)

INDEX

ACCOUNTS, STATE EDUCATIONAL INSTITUTIONS, 16 (5) (6)

ADMISSION.

Blind Institute, 33 (2)

County High Schools, 42 (3)

Deaf School, 33 (6)

Grade Schools, 49 (2)

Spanish American Normal School, 31 (19)

State Institutions, 17 (12)

University, 20 (11)

AGRICULTURAL COLLEGE, (See also State Institutions).
Admission, Persons Eligihle, 21 (1)
Appropriations, 23 (13), 23 (14)

Agriculture, 23 (14), 24 (16)

Co-operative, 23 (14)

Extension Work, 24 (17)

Home Economics, 24 (16)

Payment, 24 (15)
Buildings, Funds, 18 (4)
Congressional Legislation, Assent to, 24 (7)
Contracts, 18 (10)
County Agents

Compensation, 25 (1)

Demonstration, 24 (19)

Duties, 24 (20)

Employment, 25 (1)

Selection, 24 (20)
County Demonstration, 24 (19)
Courses, 21 (1), (2), 22 (5)
Degrees, 23 (11)
Experiment Station, Assent to Congressional Legislation, 23 (8), 23 (9)

Control, Etc., 22 (6)
Extension

Administration, 24 (18)

Appropriation, 23 (14), 24 (17)
Faculties, Control, 23 (11)
Funds, Apportionment, 18 (4)

Disbursement, 18 (2)
Governor Member Board, 18 (6)
Instruction, 23 (11)
Lands, 23 (12)

Moneys, Administration, Extension Work, 24 (18)
Officers, 22 (3), 18 (2)

Embezzlement, 18 (2)

Removal, 23 (11), 17 (13)
Purposes and Character, 21 (1)
Records, PubUc, IS (9)
Regents

Meetings, 18 (7), 23 (10)

Number of, 21 (2)

Oaths, 19 (11)

Powers, 21 (2), 22 (4)

Reports, 18 (4)

Residence, 18 (8)

Rules, 23 (10)

State Superintendent, Member, 18 (6)

Traveling Expenses, 17 (1)
Secretary and Treasurer

Compensation, 22 (3)
Sectarianship, Forbidden, 19 (13)
State Superintendent Member, 18 (6)
Traveling Expenses, 17 (1)

ALCOHOL, SEC. 63

APPROPRIATIONS

Agricultural College, 23 (13) (14)

Agriculture, 23 (14)

Agriculture Extension Work, 24 (17)

Co-operative Agriculture, 23 (14)

Extension Work, 24 (17)

Home Economics, 24 (16)
Assistant State Superintendent, 12 (2) (3)
BUnd Institute, 33 (3)
Child Welfare Service, 14
Deaf School, 33 (8)
Director, Child Welfare, 14
Industrial Director, 13 (3), 14 (8)
Mine School, 27 (15)
School of Mines, 27 (15)
Spanish-American Normal, 31 (21)
State Board, 7 (5)
Student Teachers, 70, 71
University, 21 (15)

ARBOR DAY, 78 (1)

ASSISTANT STATE SUPERINTENDENT
Appointment, 12 (1)
Appropriation, 12 (2) (3)
Compensation, 12 (1)
Qualifications, 12 (1)

ATTENDANCE

Ages Required, 72 (1) (2)

Blind Children, 74

Deaf Children, 75 (16)

Employed Children, 73 (3)

Employers, Liability, 73 (8)

Enforcement, 74 (9)

Excused, 73 (3)

Jury Instruction, 74 (11)

Mandamus, 73 (7)

Parents, Responsibility, 73 (7)

Part Time Classes, 73 (3) (4) (5) (6) (8)

Persons Required to Attend, 72 (1) (2)

Reports, 74 (11)

Rights of, 72 (2)

BLIND— See Blind Institute.

BLIND INSTITUTE — (See also State Educational Institutions.)
Admission to, 33 (2)
Appropriation, 33 (3)
Attendance, 74
State Institution, 33 (1)

BOARDS OF EDUCATION

See Cities, Towns, County Boards.

BONDS — (See Houses, Cities, County Board.)

BUILDINGS — (See Houses.)
State Institutions, 18 (4)

CADETS, 64, 65

CHILD WELFARE SERVICE

Appropriations, 14 (4)
Compensation, 14 (2)
Creation and Control, 14 (1)
Director, Compensation, 14 (3)
Director, Powers, 14 (3)
Members, Appointment, 14 (2)

CITIES

Admission to, 49 (2)
Annexation of Territory to, 49 (4)
Board of Education
Clerk, 50 (11)

Bond, 51 (16)

Duties, 51 (16)

Oath, 51 (16)

CITIES — (Continued from preceding page.)
Board of Education

Compensation, 50 (9)
Corporation, 50 (6)
Election, 50 (7)
Meetings, 50 (10)
Powers, 51 (17)
President, 50 (11)

Duties, 50 (12)
Qualifications, 50 (7)
Superintendent, 51 (18)

Employment, 51 (19)
Terms, 50 (7)
Treasurer

Bond, 51 (14)

Compensation, 51 (14)

Duties, 51 (14)

Moneys, 51 (14)

Eeports, 51 (14), 47 (1)
Vacancies, 50 (8)
Vice President, 50 (11)

Duties, 51 (13)
Bonds

Advertisement, 48 (6)
Contractor, 47 (4)
Elections, 47 (4), 48 (5)
Interest, 48 (9)
Issuance, 47 (3)
Levy for, 48' (8)
Limitations, 47 (3)
Payment, 48 (10)
Power Concerning, 47 (2)
Eegister, 48 (7)
Sale, 48 (6)
Creation of Schools, 49 (2)
Sectarianship, Forbidden, 49 (3)
Taxation, Property Exempt, 50 (5)

COLLEGE or AGRICULTURE— (See Agricultural College.)

COLUMBUS DAY, 78 (3)

COMPULSORY ATTENDANCE— (See Attendance.)

CONSOLIDATION

See Districts, 35, 36

CONTROL OF SCHOOLS— Generally, 63 (10)
COUNTY AGENTS, 24, 25

COUNTY BOARD OF EDUCATION

Appointment, 54 (2)

County Superintendent, Member, 34 (2)

Creation, 34 (1)

Eminent Domain, 36 (14)

Flags, Purchase of, 37 (20)

Funds, Apportionment, 37 (15)

Payment, 37 (16)
Grades, 37 (19)
Higher Grades, 37 (19)
Meetings, 35 (4)
Members, Compensation, 35 (4)

Traveling Expenses, 35 (4)
Powers, 35 (6), 35 (5)
President, 34 (2)

School Directors, Agents, When, 36 (13)
School Orders, 37 (18)
Terms, 34 (2)
Vice President, 35 (4)
Warrants, 37 (17)

COUNTY FUNDS, 61, 62

COUNTY HIGH SCHOOLS '

Admission to, 42 (3)
Boards, Power, 42 (5)

COUNTY HIGH SCHOOLS— (Continued from preceding page.)
Building, 43 (10), 43 (11)
Control, 42 (4)
Courses, 42 (6)
Creation, 42 (1)

Election to Determine Creation, 42 (2)
Estimates for Maintenance, 42 (7)
Funds, Apportionment, 43 (9)
Levy, 42 (7), 43 (8)
Management, 42 (4)
Powerg, 42 (5)

Reports President and Secretary, 43 (9)
Rules and Regulations, 42 (5)
Site, 43 (10)
Spanish, 79

Tax Levy, 42 (7), 43 (8)
Teachers, 42 (5)
Tuition, 42 (3)

COUNTY SUPERINTENDENT
Bond, 38 (4)
Compensation, 38 (5)

Fund Payable and When, 38 (6)
County Board Memher, 34 (2)
Directors, Prosecution, 40 (2)
Election, 38 (3)
EligibiUty, 38 (1)

Meetings School Directors, Attendance, 39 (9)
Oath, 38 (4)
Penalty, 40 (1)
Powers and Duties, 38 (7)
President County Board, 34 (2)
Reports

School Attendance, 74 (11)

Statistical. 39 (12), 41 (3)

Visiting Schools, 39 (10)
Succession, Forbidden When, 38 (2)
Terms, 38 (2) (3)
Traveling Expenses, 39 (11)
Visiting Schools, 39 (10)

CORRESPONDENCE SCHOOLS

Business of, 76 (1)
Canvassing, 76 (1), 77 (5)
Permits, 77 (2) (3)

COURSES, 62 (2), 63

COURTS, INSTRUCTION ON EXCEEDING APPROPRIATIONS, 17 (11)

CREATION OF SCHOOLS, Generally, 63 (11)

CREDIT, LENDING, 54 (7)

DAY, 63 (7)

DEAF AND DUMB ASYLUM

Admission, 33 (6)
Appropriations, 33 (8)
Attendance at School, 75
Buildings, 32 (3)
Creation, 32 (1)
Lands, 33 (7)
Name, 32 (2)
Officers, 32 (3)
Regents

Appointment, 32 (3)

Compensation, 32 (3)

Powers, 32 (3)

Report, 32 (3)

Traveling Expenses, 32 (3)
Superintendent, 32 (3)
Trustees, 32 (4)

Duties and Powers, 33 (5)

DIRECTORS (SCHOOL)

Agent County Board, 36 (13)

Ballots, 40 (2)

Buildings, Control of, 40 (4)

Canvassing Returns, 40 (2)

Census Enumeration, Method, 41 (6)

False List, 41 (7)
Chairman, 40 (4)
Clerk, 40 (4)

County Board Agents, 36 (13)
County Superintendent, Prosecution hy, 40 (2)
County Superintendent, Report of School Districts, 41 (5)
Creation, 40 (1)
Disqualification, 40 (2)
Election of, 40 (2)
Meetings, 40 (4)
New Districts, 41 (5)
Oath, 40 (2)
Penalty, 40 (2)
Powers, 40 (4)
Terms, 40 (2), 40 (3)
Vacancies, Notice, Etc., 40 (4)
Voters, Qualifications, 40 (2)

DISTRICTS — (See also Special Heads.)
Changing Lines, 35 (7)
Consolidation, 35 (8)
Inter Consolidation, 36

DONATIONS, 53 (3)

EMBEZZLEMENT, 54 (8)

EMPLOYERS, OF CHILDREN, 73

ENGLISH, BRANCHES TO BE TAUGHT IN, 62 (1)

EVIDENCE, ACTS OF SUPERINTENDENT, 10 (2)

EXPERIMENT STATION, SEE AGRICULTURAL COLLEGE, Pages 22 and 23

ENGLISH LANGUAGE, 62 (1)

FLAG

Day, 78 (4)
Displaying, 63 (8)
Program for, 11 (11)
Purchase of, 37 (20)

FUNDS

Appeals, 56 (6)

Apportioned, 56 (5)

Bids, 58 (1)

County Generally, 61, 62

County Levy, 55 (1) (2)

Dedication of to Puhlic Purposes, 58 (3)

District Levy, 56 (4)

District, Estimates, 56 (3)

Expenditure, Limited, 58 (1) (2)

High Schools, Non Application, 57 (7)

Levy, County, 55 (1) (2)

Pecuniary Gain From, 58 (5)

Reports Concerning, 58 (4)

State Current School Fund, Levy, 55 (1)

State, Generally, 59, 60, 61

GIFTS— CONSERVATION OF, 53 (3)

GOVERNOR

Boards, Member, 7 (3), 18 (6)

HIGH SCHOOLS— (See County High Schools.^

HISTORY, 63 (9)

HOLIDAYS

Arbor Day, 78 (1)
Columbus Day, 78 (3)
Flag Day, 78 (4)
Lincoln Day, 78 (4)
Washington's Birthday, 78 (2)

HOUSES

Bids for Construction, 46 (15)
Bonds

Assessment Information, 45 (10)

Boundaries, District, 45 (9)

Election, 45 (8) (11), 46 (12)

Issuance, 44 (7), 45 (8)

Sale, 45 (8)
Construction, Bids, 46 (15)
Funds, Created, 46 (13)
Insurance, 53 (4) (5)
Location of, 44 (1)
Money, Borrowing, 44 (5)
Use, 44 (2)

INDUSTRIAL EDUCATION— (See Vocational Education.)

INSPECTION, MILITARY INSTITUTE, 28 (13)

INSURANCE, 53 (4) (5)

KINDERGARTEN TRAINING, 31 (14)

LANDS

Agricultural College, 23 (12)

Deaf School, 33 (7)

Lease of Generally, 16 (3) (4)

Military Institute, 28 (6) (8)

Mines, School of, 27 (14)

Normals, 30 (6)

Spanish American Normal School, 31

University, 21 (14)

LAWS

Appropriation, 10 <6)
CompiUng, 11 (12) (13)
Distributing, 12 (14)
Printing, 11 (11)

LINCOLN DAY, 78 (4)

LOTS, TOWNSITE, 54, 55

MAINTENANCE, STATE AID, 44 (3), 44 (4)

MANDAMUS, ATTENDANCE, 73 (7)

MANUAL TRAINING, NORMAL UNIVERSITY, 31 (14)

MILITARY INSTITUTE— (See also State Institutions.)
Appropriations, 29 (15)
Commissions for Cadets, 28 (14)
Deeds, Execution, 28 (7)
Governor's Staff, 28 (10)
Inspection, 28 (13)
Lands, 28 (8)

Ordnance and Stores, 28 (12)
President, 27 (3)
Purposes, 27 (4)
Regents, Compensation, 27 (2)

Powers, 27 (5)
Secretary and Treasurer, 27 (3)
State Institution, 27 (1)
Stores, Custody, Etc., 28 (12)
Student Companies, Etc., 28 (11)
Tuition, 28 (9)

MINES— (See School of Mines.)

MONEY, BORROWING, 44 (5)

MONTH, 63 (7)

MUNICIPAL SCHOOLS

See Cities
Towns
Villages

NATIONAL GUARD— (See Cadets, 64, 66, and Military Institute.)

NIGHT SCHOOLS
Creation, 76 (1)
Instructors, 76 (2) (4)

Compensation, 76 (2) (4)
Sessions, 76 (3)

NORMAL SCHOOL — (See Normal University, 29, also Spanish American Normal School.)

NORMAL UNIVERSITY

Admission, 30 (10)

Appropriations, 30 (8)

Kindergarten Training School, 31 (14)

Lands, 30 (6)

Manual Training, 31 (14)

Officers, Appointment and Terms, 29 (3)

President, 29 (4), 30 (11)

Regents

Compensation, 30 (12)

Meetings, 29 (5)

Powers, 29 (3), 30 (10)

Student Teachers, 30 (13)
Secretary and Treasurer, 30 (11), 29 (4)

Compensation, 30 (12)
Sectarianship, Forbidden, 31 (15)
State School, 29 (1) (2)
Student Teachers, Railroad Fare, 30 (13)
Superintendent, 30 (10)
Tuition, 30 (10)

OFFICERS, STATE INSTITUTIONS

Embezzlement, 18 (2)
Removal, 17 (13)

OPINIONS, STATE SUPERINTENDENT, 10 (7)

PARENTS, SCHOOL ATTENDANCE LIABILITY, 73.

PART TIME SCHOOL AND CLASSES, 73

PROPERTY

Sale, 53 (6)
Taxation, 53 (2)

POLL TAX

Amount, 57 (8)

Clerks, Duties, 57 (8)

Exemption; from, 57 (10)

Levy, 57 (8)

List, Posting, 57 (9)

Persons Liable to, 57 (8) (10)

Report, 57 (9)

RECORDS, STATE INSTITUTIONS PUBLIC, IS (9)

REPORTS

County Superintendent, 39 (10), 39 (12), 41 (5)

Financial, 58 (4)

School Attendance, 74 (11)

State Institutions, 18 (4)

State Superintendent, 12 (15)

RURAL SCHOOLS — (See Houses, County Boards, County Superintendent and Specific
Subjects.)

SCHOOL CADETS, 64, 65

SCHOOL HOUSES— (See Houses.)

SCHOOL OF MINES — (See also State Educational Institutions)
Appropriations, 27 (15)
Assays, Compensations, 26 (11)
Degrees, 26 (8)
Employes, Removal, 26 (9)
Faculties, 26 (7)
Lands, 27 (14)
Objects, 25 (1)

Officers, Appointment, Etc., 26 (3)
Removal, 26 (9)

SCHOOL OF MINES — (Continued from preceding page.)
Preparatory Department, 27 (13)
Regents, Powers, Etc., 25 (2), 26 (6)
Secretary and Treasurer, Bond, 26 (3)

Duties, 26 (4)
State School, 27 (12)
Studies, 25 (1)
Tuition, 26 (10)

SECTARIANISM

Porbidden, 19 (13), 21 (1), 21 (12), 31 (15)

SPANISH

Courses, 79,
Teachers, 79 (1)

SPANISH AMERICAN NORMAL SCHOOL, 31

STATE AID, 44 (3) (4)

STATE BOARD OF EDUCATION '

Appropriations, 7 (5)
Business Colleges, 9 (12)
Compensation Memhers, 7 (4)
Creation, 7 (1)
Domestic Science, 9 (13)
Governor, President, 7 (3)
Industrial Education, 9 (13)
Manual Training, 9 (13)
Meetings, 7 (3)
Members

Personnel, 7 (1)

8tate Superintendent, 7 (1)

Terms, 7 (2)
Personnel, 7 (1)
Powers, 8 (6), 9 (11)
Secretary, 11 (8)
Spanish Courses, 79
State Superintendent a Member, 7(1)
Teachers' Certificates, 8 (7) (8) (10)
Teachers' Institutes, 8 (6) (7)
Terms, 7 (2)
Text Books, Power Concerning, 9 (11)

STATE EDUCATIONAL INSTITUTIONS— (See also Specific Heads.)
Accounts, 16 (5) (6)

Admission, Standard of Requirements, 17 (12)
Appropriations, Exceeding, 17 (10)
Contracts, 17 (9)
Control, (proposed), 15 (1)

Courts, Instruction for Exceeding Appropriations, 17 (11)
Eminent Domain, 15 (2)
Expenditures, 16 (8)
Financial Statements, 16 (7)
Food and Clothing, 17 (9)
Indebtedness, Limit, 16 (8)
Lands, Lease or Sale, 16 (3) (4)
Officers, Removal, 17 (13)
Penalty, Exceeding Appropriations, 17 (10)
Receipts, 16 (5)
Statements, Financial, 16 (7)
Tuition, 17 (14)
Warrants, 16 (5)

STATE FUNDS, GENERALLY, 59, 60, 61

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

Appropriations, 10 (6)

Blanks, Furnishing, 11 (11)

Certifying Acts, 10 (2)

Compensation, 10 (4)

Creation of Office, 9(1)

Duties, 10 (7)

Flag, Program of Salute, 11 (11)

Forms, Furnishing, 11 (11)

Laws, School, 11 (11), 11 (12), 11 (13), 12 (14)

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION— (Cont. from preceding page.)
Opinions of, 10 (7)
Patriotic Exercises* 11 (11)
Permits to Teach, 11 (10)
Powers, 10 (7)
Property, Delivery, 10 (2)
Qualifications, 10 (3)
Reports, Annual, 12 (15)
Residence, 9 (1), 10 (2)
School Attendance — (See Attendance.)
School Laws, Compilation, 11 (12)

Distributing, 12 (14)

Payment, 11 (13)

Printing, 11 (11)
State Board

Member, 7 (1)

Secretary, 11 (8) ^
State Institution Boards

Member, 18 (6)
Term of Office, 9 (1)

STUDENT TEACHERS— (See Teachers.)

SUBJECTS, ENGLISH

SUPERINTENDENT — (See County Superintendent, State Superintendent.)

TAXATION— (See also Poll Tax.)
County Levy, 55 (1) (2)
Current School Fund, 55 (1)
District Estimates, 56 (3)
District Levy, 56 (4)
Estimates, 56 (3)
Levy, County, 55 (1) (2)
State Current, 55 (1)
School Property, Exempt, 53 (1)
State Current Levy, 55 (1)

TEACHERS

Alcohol, 66 (3)
Certificate, 8 (7) (8) (10)
Compensation

Payment, 68 (12) (13)

Second Grade, 67 (11)

Third Grade, 67 (11)
County High Schools, 42 (5)
Health, Appeal from Physician, 67 (8)

Certificates, 66, 67
History, 66 (2), 68 (14)
Institute, S (6) (7)
Kindergarten Training, 31 (14)
Narcotics, 66 (3)
Permits, 11 (10)
Physics, 66 (2)
QuaUfications, 66, 67, 79
Spanish

Teachers When, 79 (1)

Qualifications, 79

Courses, 79 (2)
Student Teachers

Appointment, 69 (1)

Appropriation, 70 (5) (6) (7), 71 (8)

Assignment of, 69 (2)

Courses, 70 (3)

Funds, Payment, 71 (11)

Nominations, 69 (2)

Qualifications, 71 (9)

Terms, 70 (3)

Transportation, 70 (6) (7), 71 (8) (9)

Vacancies, 71 (12)
Tuberculosis, 66 (5), 67 (8) (9) (10)

TOWNS AND VILLAGES— (See also Cities.)
Admission to, 49 (2)
Annexation of Territory to, 49 (4)

TOWNS AND VILLAGES — (Continued from preceding page.)
Boards of Education
Clerk of, 50 (11)

Bond, 51 (16)

Duties, 51 (15)

Oath, 51 (16)
Compensation, 50 (9)
Corporation, 50 (6)
Election, 50 (7)
Meetings, 50 (10)
Powers, 51 (17), 52 (4) (5)
President, 50 (11) (12)
Qualifications, 50 (7)
Reports, Annual, 47 (1)
Superintendent, 51 (18)

Employment, 51 (19)
Terms, 50 (7)
Treasurer

Bond, 51 (14)

Compensation, 51 (14)

Duties, 51 (14)

Moneys, 51 (14)

Reports, 51 (14)
Vacancies, 50 (8)
Vice President, 50 (11)

Duties, 51 (13)
Bonds

Advertisement, 48 (6)
Contractor, 47 (4)
Elections, 47 (4), 48 (5)
Interest, 48 (9)
Issuance, 47 (3)
Levy for, 48 (8)
Limitations, 47 (3)
Payment, 48 (10)
Power Concerning, 47 (2)
Register, 48 (7)
Sale, 48 (6)
Creation of Schools, 49 (2)
Sectarianship, ForWdden, 49 (3)
Taxation, Property Exempt, 50 (5)

TOWNSITE LOTS, 54, 55

TUITION

Military Institute, 28 (9)
Non-Residents, 72 (3)
School of Mines, 26 (10)
State Institutions, 17 (14)

UNIVERSITY OF NEW MEXICO

Admissions, Persons Eligible, 20 (11)

Appropriations, 21 (15)

Buildings, Funds, 18 (4)

Contracts, Not to Be Interested, 18 (10)

Courses, 20 (9)

Creation, 19 (1) (2)

Denominational, Forbidden, 19 (13)

Department of, 20 (9)

Faculties, Governing Body, 20 (10)

Funds, Apportionment, 18 (4)

Disbursement, 18 (3)
Governor, Member, 18 (6)
Lands of, 21 (14)
Oath, Members, 19 (11)
Officers

Bonds, 20 (6)

Election, 20 (6)

Embezzlement, 18 (2)
President, Powers, 20 (7)
Property, Holdlnig of, 19 (12)
Purposes, 19 (3)
Records, Public, 18 (9)

UNIVERSITY OF NEW MEXICO — (Continued from preceding page.)
Regents

Corporation, 19 (5)

Meetings, 18 (7), 21 (13)

Powers, 19 (4)

Residence, 18 (8)

State Superintendent, Member, 18 (6)

Traveling Expenses, 17 (1)
Reports, Annual, 18 (4)
Rules and Regulations, 20 (8)
Secretary and Treasurer, Bonds, 20 (6)

Duties, 20 (7)
Sectarianship, Forbidden, 19 (13), 21 (12)
State Superintendent, Member, 18 (6)
Traveling Expenses, 17 (1)

VILLAGES— (See Towns.)

VOCATIONAL AND INDUSTRIAL EDUCATION

Appropriations, Co-operation, 14 (8)
Congressional Act, Acceptance, 13 (5)
Co-operation with U. S., 13 (6)
Co-operation, Levy, 14 (9)
Directors, Appointment, 13 (1)

Appropriations, 13 (3)

Compensation, 13 (2)

Duties, 13 (1) (4)

Traveling Expenses, 13 (4)
Funds, Custody, 13 (7)

WARRANTS, 37 (17)

WASHINGTON'S BIRTHDAY, 78 (2)

APPROPRIATIONS

Agricultural College, 23 (13) (14)

Agriculture, 23 (14)

Agriculture Extension Work, 24 (17)

Co-operative Agriculture, 23 (14)

Extension Work, 24 (17)

Home Economics, 24 (16)
Assistant State Superintendent, 12 (2) (3)
Blind Institute, 33 (3)
Child Welfare Service, 14
Deaf School, 33 (8)
Director, Child Welfare, 14
Industrial Director, 13 (3), 14 (8)
Mine School, 27 (15)
School of Mines, 27 (15)
Spanish-American Normal, 31 (21)
State Board, 7 (5)
Student Teachers, 70, 71
University, 21 (15)

ARBOR DAY, 78 (1)

ASSISTANT STATE SUPERINTENDENT

Appointment, 12 (1)
Appropriation, 12 (2) (3)
Compensation, 12 (1)
Qualifications, 12 (1)

ATTENDANCE

Ages Required, 72 (1) (2)

Blind Children, 74

Deaf Children, 75 (16)

Employed Children, 73 (3)

Employers, Liability, 73 (8)

Enforcement, 74 (9)

Excused, 73 (3)

Jury Instruction, 74 (11)

Mandamus, 73 (7)

Parents, Responsibility, 73 (7)

Part Time Classes, 73 (3) (4) (5) (6) (8)

Persons Required to Attend, 72 (1) (2)

Reports, 74 (11)

Rights of, 72 (2)

BLIND— See Blind Institute.

BLIND INSTITUTE — (See also State Educational Institutions.)
Admission to, 33 (2)
Appropriation, 33 (3)
Attendance, 74
State Institution, 33 (1)

BOARDS OF EDUCATION

See Cities, Towns, County Boards.

BONDS — (See Houses, Cities, County Board.)

BUILDINGS— (See Houses.)
State Institutions, 18 (4)

CADETS, 64, 65

CHILD WELFARE SERVICE

Appropriations, 14 (4)
Compensation, 14 (2)
Creation and Control, 14 (1)
Director, Compensation, 14 (3)
Director, Powers, 14 (3)
Members, Appointment, 14 (2)

CITIES

Admission to, 49 (2)
Annexation of Territory to, 49 (4)
Board of Education
Clerk, 50 (11)

Bond, 51 (16)

Duties, 51 (16)

Oath, 51 (16)

CITIES — (Continued from preceding page.)
Board of Education

Compensation, 50 (9)
Corporation, 50 (6)
Election, 50 (7)
Meetings, 50 (10)
Powers, 51 (17)
President, 50 (11)
Duties, 50 (12)
Qualifications, 50 (7)
Superintendent, 51 (18)

Employment, 51 (19)
Terms, 50 (7)
Treasurer

Bond, 51 (14)
Compensation, 51 (14)
Duties, 51 (14)
Moneys, 51 (14)
Eeports, 51 (14), 47 (1)
Vacancies, 50 (8)
Vice President, 50 (11)
Duties, 51 (13)
Bonds

Advertisement, 48 (6)
Contractor, 47 (4)
Elections, 47 (4), 48 (5)
Interest, 48 (9)
Issuance, 47 (3)
Levy for, 48 (8)
Limitations, 47 (3)
Payment, 48 (10)
Power Concerning, 47 (2)
Kegister, 48 (7)
Sale, 48 (6)
Creation of Schools, 49 (2)
Sectarianship, Forbidden, 49 (3)
Taxation, Property Exempt, 50 (5)

COLLEGE or AGRICULTURE— (See Agricultural College.)

COLUMBUS DAY, 78 (3)

COMPULSORY ATTENDANCE— (See Attendance.)

CONSOLIDATION

See Districts, 35, 36

CONTROL or SCHOOLS— Generally, 63 (10)
COUNTY AGENTS, 24, 25

COUNTY BOARD OF EDUCATION

Appointment, 54 (2)

County Superintendent, Member, 34 (2)

Creation, 34 (1)

Eminent Domain, 36 (14)

Flags, Purchase of, 37 (20)

Funds, Apportionment, 37 (15)

Payment, 37 (16)
Grades, 37 (19)
Higher Grades, 37 (19)
Meetings, 35 (4)
Members, Compensation, 35 (4)

Traveling Expenses, 35 (4)
Powers, 35 (6), 35 (5)
President, 34 (2)

School Directors, Agents, When, 36 (13)
School Orders, 37 (18)
Terms, 34 (2)
Vice President, 35 (4)
Warrants, 37 (17)

COUNTY FUNDS, 61, 62

COUNTY HIGH SCHOOLS

Admission to, 42 (3)
Boards, Power, 42 (5)

COUNTY HIGH SCHOOLS— (Continued from preceding page.)
Building, 43 (10), 43 (11)
Control, 42 (4)
Courses, 42 (6)
Creation, 42 (1)

Election to Determine Creation, 42 (2) ,

Estimates for Maintenance, 42 (7)
Eunds, Apportionment, 43 (9)
Levy, 42 (7), 43 (8)
Management, 42 (4)
Powers, 42 (5)

Reports President and Secretary, 43 (9)
Rules and Regulations, 42 (5)
Site, 43 (10)
Spanish, 79

Tax Levy, 42 (7), 43 (8)
Teachers, 42 (5)
Tuition, 42 (3)

COUNTY SUPERINTENDENT
. Bond, 38 (4)
Compensation, 38 (5)

Fund Payable and When, 38 (6)
County Board Memher, 34 (2)
Directors, Prosecution, 40 (2)
Election, 38 (3)
EligihiUty, 38 (1)

Meetings School Directors, Attendance, 39 (9)
Oath, 38 (4)
Penalty, 40 (1)
Powers and Duties, 38 (7)
President County Board, 34 (2)
Reports

School Attendance, 74 (11)

Statistical, 39 (12), 41 (3)

Visiting Schools, 39 (10)
Succession, Forbidden When, 38 (2)
Terms, 38 (2) (3)
Traveling Expenses, 39 (11)
Visiting Schools, 39 (10)

CORRESPONDENCE SCHOOLS

Business of, 76 (1)
Canvassing, 76 (1), 77 (5)
Permits, 77 (2) (3)

COURSES, 62 (2), 63 '

COURTS, INSTRUCTION ON EXCEEDING APPROPRIATIONS, 17 (11)

CREATION OF SCHOOLS, Generally, 63 (11)

CREDIT, LENDING, 54 (7)

DAY, 63 (7)

DEAF AND DUMB ASYLUM
Admission, 33 (6)
Appropriations, 33 (8)
Attendance at School, 75
Buildings, 32 (3)
Creation, 32 (1)
Lands, 33 (7)
Name, 32 (2)
Officers, 32 (3)
Regents

Appointment, 32 (3)

Compensation, 32 (3)

Powers, 32 (3)

Report, 32 (3)

Traveling Expenses, 32 (3)
Superintendent, 32 (3)
Trustees, 32 (4)

Duties and Powers, 33 (5)

DIRECTORS (SCHOOL)

Agent County Board, 36 (13)

Ballots, 40 (2)

Buildings, Control of, 40 (4)

Canvassing Returns, 40 (2)

Census Enumeration, Method, 41 (6)

False List, 41 (7)
Chairman, 40 (4)
Clerk, 40 (4)

County Board Agents, 36 (13)
County Superintendent, Prosecution "by, 40 (2)
County Superintendent, Report of School Districts, 41 (5)
Creation, 40 (1)
Disqualification, 40 (2)
Election of, 40 (2)
Meetings, 40 (4)
New Districts, 41 (5)
Oath, 40 (2)
Penalty, 40 (2)
Powers, 40 (4)
Terms, 40 (2), 40 (3)
Vacancies, Notice, Etc., 40 (4)
Voters, Qualifications, 40 (2)

DISTRICTS— (See also Special Heads.)
Changing Lines, 35 (7)
Consolidation, 35 (8)
Inter Consolidation, 36

DONATIONS, 53 (3)

EMBEZZLEMENT, 54 (8)

EMPLOYERS, OF CHILDREN, 73

ENGLISH, BRANCHES TO BE TAUGHT IN, 62 (1)

EVIDENCE, ACTS OF SUPERINTENDENT, 10 (2)

EXPERIMENT STATION, SEE AGRICULTURAL COLLEGE, Pages 22 and 2',.

ENGLISH LANGUAGE, 62 (1)

FLAG

Day, 78 (4)
Displaying, 63 (8)
Program for, 11 (11)
Purchase of, 37 (20)

FUNDS

Appeals, 56 (6)

Apportioned, 56 (5)

Bids, 58 (1)

County Generally, 61, 62

County Levy, 55 (1) (2)

Dedication of to Puhlic Purposes, 58 (3)

District Levy, 56 (4)

District, Estimates, 56 (3)

Expenditure, Limited, 58 (1) (2)

High Schools, Non Application, 57 (7)

Levy, County, 55 (1) (2)

Pecuniary Gain From, 58 (5)

Reports Concerning, 58 (4)

State Current School Fund, Levy, 55 (1)

State, GeneraUy, 59, 60, 61

GIFTS— CONSERVATION OF, 53 (3)

GOVERNOR

Boards, Memher, 7 (3), 18 (6)

HIGH SCHOOLS— (See County High Schools.^

HISTORY, 63 (9)

HOLIDAYS

Arhor Day, 78 (1)
Columbus Day, 78 (3)
Flag Day, 78 (4)
Lincoln Day, 78 (4)
Washington's Birthday, 78 (2)

HOUSES

Bids for Construction, 46 (15)
Bonds

Assessment Information, 45 (10)

Boundaries, District, 45 (9)

Election, 45 (8) (11), 46 (12)

Issuance, 44 (7), 45 (8)

Sale, 45 (8)
Construction, Bids, 46 (15)
Funds, Created, 46 (13)
Insurance, 53 (4) (5)
Location of, 44 (1)
Money, Borrowing, 44 (5)
. Use, 44 (2)

INDUSTRIAL EDUCATION— (See Vocational Education.)

INSPECTION, MILITARY INSTITUTE, 28 (13)

INSURANCE, 53 (4) (5)

KINDERGARTEN TRAINING, 31 (14)

LANDS

Agricultural College, 23 (12)

Deaf School, 33 (7)

Lease of Generally, 16 (3) (4)

Military Institute, 28' (6) (8)

Mines, School of, 27 (14)

Normals, 30 (6)

Spanish American Normal School, 31

University, 21 (14)

LAWS

Appropriation, 10 (6)
Compiling, 11 (12) (13)
Distributin^g, 12 (14)
Printing, 11 (11)

LINCOLN DAY, 78 (4)

LOTS, TOWNSITE, 54, 55

MAINTENANCE, STATE AID, 44 (3), 44 (4)

MANDAMUS, ATTENDANCE, 73 (7)

MANUAL TRAINING, NORMAL UNIVERSITY, 31 (14)

MILITARY INSTITUTE— (See also State Institutions.)
Appropriations, 29 (15)
Commissions for Cadets, 28 (14)
Deeds, Execution, 28 (7)
Governor's Staff, 28 (10)
Inspection, 28 (13)
Lands, 28 (8)

Ordnance and Stores, 28 (12)
President, 27 (3)
Purposes, 27 (4)
Regents, Compensation, 27 (2)

Powers, 27 (5)
Secretary and Treasurer, 27 (3)
State Institution, 27 (1)
Stores, Custody, Etc., 28 (12)
Student Companies, Etc., 28 (11)
Tuition, 28 (9)

MINES— (See School of Mines.)

MONEY, BORROWING, 44 (5)

MONTH, 63 (7)

MUNICIPAL SCHOOLS

See Cities
Towns
Villages

NATIONAL GUARD— (See Cadets, 64, 66, and Military Institute.)

NIGHT SCHOOLS

Creation, 76 (1)
Instructors, 76 (2) (4)

Compensation, 76 (2) (4)
Sessions, 76 (3)

NORMAL SCHOOL — (See Normal University, 29, also Spanish American Normal School.)

NORMAL UNIVERSITY

Admission, 30 (10)

Appropriations, 30 (8)

Kindergarten Training School, 31 (14)

Lands, 30 (6)

Manual Training, 31 (14)

Officers, Appointment and Terms, 29 (3)

President, 29 (4), 30 (11)

Regents

Compensation, 30 (12)

Meetings, 29 (5)

Powers, 29 (3), 30 (10)

Student Teachers, 30 (13)
Secretary and Treasurer, 30 (11), 29 (4)

Compensation, 30 (12)
Sectarianship, Porbidden, 31 (15)
State School, 29 (1) (2)
Student Teachers, Railroad Fare, 30 (13)
Superintendent, 30 (10)
Tuition, 30 (10)

OFFICERS, STATE INSTITUTIONS

Embezzlement, 18 (2)
Removal, 17 (13)

OPINIONS, STATE SUPERINTENDENT, 10 (7)

PARENTS, SCHOOL ATTENDANCE LIABILITY, 73.

PART TIME SCHOOL AND CLASSES, 73

PROPERTY
Sale, 53 (6)
Taxation, 53 (2)

POLL TAX

Amount, 57 (8)

Clerks, Duties, 57 (8)

Exemption from, 57 (10)

Levy, 57 (8)

List, Posting, 57 (9)

Persons Liable to, 57 (8) (10)

Report, 57 (9)

RECORDS, STATE INSTITUTIONS PUBLIC, IS (9)

REPORTS

County Superintendent, 39 (10), 39 (12), 41 (5)

Financial, 58 (4)

School Attendance, 74 (11)

State Institutions, 18 (4)

State Superintendent, 12 (15)

RURAL SCHOOLS — (See Houses, County Boards, County Superintendent and Specific
Subjects.)

SCHOOL CADETS, 64, 65

SCHOOL HOUSES— (See Houses.)

SCHOOL OF MINES — (See also State Educational Institutions)
Appropriations, 27 (15)
Assays, Compensations, 26 (11)
Degrees, 26 (8)
Employes, Removal, 26 (9)
Faculties, 26 (7)
Lands, 27 (14)
Objects, 25 (1)

Officers, Appointment, Etc., 26 (3)
Removal, 26 (9)

SCHOOL OF MINES — (Continued from preceding page.)
Preparatory Department, 27 (13)
Regents, I>owers, Etc., 25 (2), 26 (6)
Secretary and Treasurer, Bond, 26 (3)

Duties, 26 (4)
State School, 27 (12)
Studies, 25 (1)
Tuition, 26 (10)

SECTARIANISM

Forbidden, 19 (13), 21 (1), 21 (12), 31 (15)

SPANISH

Courses, 79,
Teachers, 79 (1)

SPANISH AMERICAN NORMAL SCHOOL, 31

STATE AID, 44 (3) (4)

STATE BOARD OF EDUCATION

Appropriations, 7 (5)
Business Colleges, 9 (12)
Compensation Members, 7 (4)
Creation, 7 (1)
Domestic Science, 9 (13)
Governor, President, 7 (3)
Industrial Education, 9 (13)
Manual Training, 9 (13)
Meetings, 7 (3)
Members

Personnel, 7 (1)

State Superintendent, 7 (1)

Terms, 7 (2)
Personnel, 7 (1)
Powers, 8 (6), 9 (11)
Secretary, 11 (8)
Spanish Courses, 79
State Superintendent a Member, 7(1)
Teachers' Certificates, 8 (7) (8) (10)
Teachers' Institutes, 8 (6) (7)
Terms, 7 (2)
Text Books, Power Concerning, 9 (11)

STATE EDUCATIONAL INSTITUTIONS— (See also Specific Heads.)
Accounts, 16 (5) (6)

Admission, Standard of Requirements, 17 (12)
Appropriations, Exceeding, 17 (10)
Contracts, 17 (9)
Control, (proposed), 15 (1)

Courts, Instruction for Exceeding Appropriations, 17 (11)
Eminent Domain, 15 (2)
Expenditures, 16 (8)
Financial Statements, 16 (7)
Food and Clothinjg, 17 (9)
Indebtedness, Limit, 16 (8)
Lands, Lease or Sale, 16 (3) (4)
Officers, Removal, 17 (13)
Penalty, Exceeding Appropriations, 17 (10)
Receipts, 16 (5)
Statements, Financial, 16 (7)
Tuition, 17 (14)
Warrants, 16 (5)

STATE FUNDS, GENERALLY, 59, 60, 61

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

Appropriations, 10 (6)

Blanks, Furnishing, 11 (11)

Certifying Acta, 10 (2)

Compensation, 10 (4)

Creation of Office, 9(1)

Duties, 10 (7)

Flag, Program of Salute, 11 (11)

Forms, Furnishing, 11 (11)

Laws, School, 11 (11), 11 (12), 11 (13), 12 (14)

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION— (Cont. from preceding page.)
Opinions of, 10 (7)
Patriotic Exercises,, 11 (11)
Permits to Teach, 11 (10)
Powers, 10 (7)
Property, Delivery, 10 (2)
QuaUfications, 10 (3)
Reports, Annual, 12 (15)
Residence, 9 (1), 10 (2)
School Attendance — (See Attendance.)
School Laws, Compilation, 11 (12)

Distributing, 12 (14)

Payment, 11 (13)

Printing, 11 (11)
State Board

Member, 7 (1)

Secretary, 11 (8)
State Institution Boards

Member, 18 (6)
Term of Office, 9 (1)

STUDENT TEACHERS— (See Teachers.)

SUBJECTS, ENGLISH

SUPERINTENDENT— (See County Superintendent, State Superintendent.)

TAXATION— (See also Poll Tax.)
County Levy, 55 (1) (2)
Current School Fund, 55 (1)
District Estimates, 56 (3)
District Levy, 56 (4)
Estimates, 56 (3)
Levy, County, 55 (1) (2)
State Current, 55 (1)
School Property, Exempt, 53 (1)
State Current Levy, 55 (1)

TEACHERS

Alcohol, 66 (3)
Certificate, 8 (7) (8) (10)
Compensation

Payment, 68 (12) (13)

Second Grade, 67 (11)

Third Grade, 67 (11)
County High Schools, 42 (5)
Health, Appeal from Physician, 67 (8)

Certificates, 66, 67
History, 66 (2), 68 (14)
Institute, 8' (6) (7)
Kindergarten Training, 31 (14)
Narcotics, 66 (3)
Permits, 11 (10)
Physics, 66 (2)
QuaUfications, 66, 67, 79
Spanish

Teachers When, 79 (1)

Qualifications, 79

Courses, 79 (2)
Student Teachers

Appointment, 69 (1)

Appropriation, 70 (5) (6) (7), 71 (8)

Assignment of, 69 (2)

Courses, 70 (3)

Funds, Payment, 71 (11)

Nominations, 69 (2)

Qualifications, 71 (9)

Terms, 70 (3)

Transportation, 70 (6) (7), 71 (8) (9) ,

Vacancies, 71 (12)
Tuberculosis, 66 (5), 67 (8) (9) (10)

TOWNS AND VILLAGES— (See also Cities.)
Admission to, 49 (2)
Annexation of Territory to, 49 (4)

TOWNS AND VHiLAGES— (Continued from preceding page.)
Boards of Education
Clerk of, 50 (11)
Bond, 51 (16)
Duties, 51 (15)
Oath, 51 (16)
Compensation, 50 (9)
Corporation, 50 (6)
Election, 50 (7)
Meetings, 50 (10)
Powers, 51 (17), 52 (4) (5)
President, 50 (11) (12)
Qualifications, 50 (7)
Eeports, Annual, 47 (1)
Superintendent, 51 (18)

Employment, 51 (19)
Terms, 50 (7)
Treasurer

Bond, 51 (14)
Compensation, 51 (14)
Duties, 51 (14)
Moneys, 51 (14)
Reports, 51 (14)
Vacancies, 50 (8)
Vice President, 50 (11)
Duties, 51 (13)
Bonds

Advertisement, 48 (6)
Contractor, 47 (4)
Elections, 47 (4), 48 (5)
Interest, 48 (9)
Issuance, 47 (3)
Levy for, 48 (8)
Limitations, 47 (3)
Payment, 48 (10)
Power Concerning, 47 (2)
Register, 48 (7)
Sale, 48 (6)
Creation of Schools, 49 (2)
Sectarianship, Tor'bidden, 49 (3)
Taxation, Property Exempt, 50 (5)

TOWNSITE LOTS, 54, 55

TUITION

Military Institute, 28 (9)
Non-Residents, 72 (3)
School of Mines, 26 (10)
State Institutions, 17 (14)

UNIVERSITY or NEW MEXICO

Admissions, Persons Eligible, 20 (11)

Appropriations, 21 (15)

Buildings, ^unds, 18 (4)

Contracts, Not to Be Interested, 18 (10)

Courses, 20 K9)

Creation, 19^(1) (2)

Denominational, Forhidden, 19 (13)

Department of, 20 (9)

Faculties^. Governing Body, 20 (10)

Funds, Apportionment, 18 (4)

Disbursement, IS (3)
Governor, Member, 18 (6)
Lands of, 21 (14)
Oath, Members, 19 (11)
Officers

Bonds, 20 (6)

Election, 20 (6)

Embezzlement, 18 (2)
President, Powers, 20 (7)
Property, Holdinig of, 19 (12)
Purposes, 19 (3)
Records, Public, 18 (9)

UNIVERSITY OF NEW MEXICO— (Continued from preceding page.)
Regents

Corporation, 19 (5)

Meetings, 18 (7), 21 (13)

Powers, 19 (4)

Residence, 18 (8)

State Superintendent, Member, 18 (6)

Traveling Expenses, 17 (1)
Reports, Annual, 18 (4)
Rules and Regulations, 20 (8)
Secretary and Treasurer, Bonds, 20 (6)

Duties, 20 (7)
SectariansMp, Forbidden, 19 (13), 21 (12)
State Superintendent, Member, 18 (6)
Traveling Expenses, 17 (1) ^

VILLAGES— (See Towns.)

VOCATIONAL AND INDUSTRIAL EDUCATION

Appropriations, Co-operation, 14 (8)
Congressional Act, Acceptance, 13 (5)
Co-operation with U. S., 13 (6)
Co-operation, Levy, 14 (9)
Directors, Appointment, 13 (1)

Appropriations, 13 (3)

Compensation, 13 (2)

Duties, 13 (1) (4)

Traveling Expenses, 13 (4)
Funds, Custody, 13 (7)

WARRANTS, 37 (17)

WASHINGTON'S BIRTHDAY, 78 (2)

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